Child Custody Agreement - Maryland

MARYLAND CHILD CUSTODY AND PARENTING PLAN AGREEMENT

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title. Maryland Child Custody and Parenting Plan Agreement (the “Agreement”).

1.2 Parties.
a. “[PARENT A FULL LEGAL NAME]” (“Parent A”), residing at [ADDRESS].
b. “[PARENT B FULL LEGAL NAME]” (“Parent B”), residing at [ADDRESS].

1.3 Child(ren). This Agreement concerns the following minor child(ren) (each, a “Child,” and collectively, the “Children”):
• [CHILD 1 FULL LEGAL NAME], born [DOB];
• [CHILD 2 FULL LEGAL NAME], born [DOB];
• [ADD ADDITIONAL CHILDREN AS NEEDED].

1.4 Effective Date. This Agreement is effective on the later of (a) the date executed by both Parents, or (b) the date entered by the Circuit Court for [COUNTY], Maryland (the “Court”).

1.5 Governing Law and Jurisdiction. This Agreement is governed by the laws of the State of Maryland, including without limitation Maryland’s Family Law Article and the Uniform Child Custody Jurisdiction and Enforcement Act, Md. Code Ann., Fam. Law §§ 9.5-101 et seq. The Court retains exclusive, continuing jurisdiction over all matters herein.

1.6 Recitals.
A. The Parents are the natural/legal parents of the Children.
B. The Parents have separated and desire to resolve legal custody, physical custody, parenting time, and all related child-rearing issues in a manner consistent with the Children’s best interests.
C. The Parents intend that this Agreement be incorporated, but not merged, into any Judgment of Absolute Divorce or Custody Order the Court may enter.

2. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below:

“Best Interest Factors” means the holistic considerations utilized by Maryland courts— including but not limited to the fitness of the Parents, character and reputation, agreements, Child preference (where appropriate), ability to maintain family relationships, material opportunities affecting the Child, age/health of Child and Parents, geographic proximity, prior abandonment or surrender of custody, and any history of abuse—collectively applied to determine the custodial arrangement that best serves the Child’s welfare.

“Legal Custody” means the right and obligation to make major decisions concerning the Child’s health, education, and general welfare.

“Physical Custody” means the residential schedule under which the Child resides with and is supervised by a Parent.

“Parenting Coordinator” means a neutral professional appointed under Section 8.3 to assist with day-to-day custodial disputes.

“Parenting Time” means the period during which a Parent has Physical Custody of the Child.

“Relocation” means any proposed change of the Child’s primary residence that would move the Child (a) more than 50 miles from [CURRENT PRIMARY RESIDENCE], or (b) outside the State of Maryland, for more than 60 consecutive days.

“School Year” means the academic year calendar of the Child’s public school district or such other school attended by the Child.

3. OPERATIVE PROVISIONS

3.1 Legal Custody. The Parents agree to [SELECT ONE: “joint legal custody” | “sole legal custody vested in Parent ☐”]. Joint decisions include, without limitation:
i. Choice of educational institution and individualized education plans;
ii. Elective medical, surgical, or dental treatment;
iii. Mental-health counseling;
iv. Religious upbringing; and
v. Extracurricular activities costing more than $[THRESHOLD] per activity per Child.

3.2 Decision-Making Procedure (Joint Legal Custody Only).
a. Good-Faith Consultation. The Parents shall confer in good faith at least [XX] days prior to any non-emergency major decision.
b. Tie-Breaker. If consensus is not reached, the matter shall be submitted to (i) mediation under Section 8.2, or (ii) the Parenting Coordinator if one is appointed.
c. Emergencies. Either Parent may make unilateral decisions in bona fide emergencies; the other Parent shall be notified within 24 hours.

3.3 Physical Custody Schedule.
a. Regular Weekday/Weekend Schedule.
• Parent A: [DETAIL SCHEDULE—e.g., “Monday after school until Wednesday at 6:00 p.m.”].
• Parent B: [DETAIL SCHEDULE].
b. Holiday Schedule. Holiday parenting time supersedes the Regular Schedule. [INSERT DETAILED HOLIDAY ALLOCATION: e.g., Thanksgiving, Winter Break, Spring Break, Child’s Birthday, Parent’s Birthday, Mother’s/Father’s Day].
c. Summer/Vacation Schedule. Each Parent is entitled to [# WEEKS] of uninterrupted vacation during the summer, with at least [# DAYS] written notice to the other Parent of specific dates.
d. Transportation & Exchanges. Exchanges shall occur at [LOCATION] at [TIME]. The receiving Parent shall provide transportation unless otherwise agreed in writing.
e. Virtual Contact. The non-custodial Parent shall be entitled to reasonable video, telephone, or electronic communication not to exceed [DURATION] per day absent agreement otherwise.

3.4 Child Support. The Parents acknowledge that child support is governed by Maryland’s Child Support Guidelines and may be set forth in a separate order. Nothing herein waives or modifies statutory child support rights or obligations.

3.5 Healthcare Coverage & Uninsured Expenses.
a. Coverage. [PARENT] shall maintain health, dental, and vision insurance for the Child(ren).
b. Uninsured Expenses. Unreimbursed medical expenses shall be allocated [PERCENTAGE] Parent A / [PERCENTAGE] Parent B, payable within 30 days of documentation.

3.6 Educational & Activity Expenses. The Parents shall share [PERCENTAGE SPLIT] of tuition, books, uniforms, and agreed extracurricular costs.

3.7 Tax Dependency Exemptions. The Parents shall alternate the federal and state dependency exemptions as follows: [DETAIL ALLOCATION].

3.8 Relocation. The Parents request that the Court include, as a condition of the custody order under Md. Code Ann., Fam. Law § 9-106(a)(1), a requirement that a Parent intending to relocate that Parent's or the Child(ren)'s permanent residence give at least 90 days’ advance written notice to ☐ the other Parent ☐ the Court ☐ both. If notice to the other Parent is ordered, certified mail, return receipt requested, to the last known address is deemed sufficient. The Court shall waive an ordered notice requirement if notice would expose a party or child to abuse, or for other good cause. Failure to comply with a condition actually included in the custody order constitutes a material breach under Section 6.1.

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity. Each Parent represents that he or she is over 18 years of age, competent, and possesses full legal authority to enter into this Agreement.

4.2 Accuracy of Information. Each Parent warrants that all information furnished regarding residence, employment, health, and criminal history is true and complete to the best of his or her knowledge.

4.3 No Conflicting Orders. Each Parent represents that no other custody or protective orders concerning the Children are in effect except as disclosed in Schedule A.

4.4 Survival. Representations and warranties survive execution and shall remain in effect for the duration of this Agreement.

5. COVENANTS & RESTRICTIONS

5.1 Mutual Cooperation. The Parents shall foster the affection and respect of the Child for the other Parent and shall not speak disparagingly of the other Parent in the presence or hearing of the Child.

5.2 Access to Records. Both Parents are entitled to complete and unhampered access to the Child’s medical, dental, mental health, and educational records, consistent with federal and state confidentiality laws.

5.3 Relocation Covenant. Each Parent covenants not to relocate the Child in violation of Section 3.8.

5.4 Substance Use. Neither Parent shall consume alcohol, marijuana, or illegal substances to the extent of impairment during Parenting Time, nor allow others in his/her household to do so.

5.5 Firearms. All firearms shall be stored unloaded in a locked safe with ammunition stored separately and inaccessible to the Child.

5.6 Notice of Significant Events. Each Parent shall notify the other Parent within 24 hours of any significant illness, accident, or school disciplinary action involving the Child.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute material default:
a. Violation of the Physical Custody Schedule without good cause;
b. Failure to provide required relocation notice;
c. Interference with the other Parent’s lawful Parenting Time;
d. Failure to comply with Sections 5.4 or 5.5.

6.2 Notice and Cure. A non-defaulting Parent shall provide written notice specifying the default and a cure period of 7 calendar days (24 hours for relocation or abduction-related breaches).

6.3 Remedies. Upon uncured default, the non-defaulting Parent may seek:
i. Immediate enforcement and/or modification of custody in the Court;
ii. Contempt sanctions, including make-up Parenting Time;
iii. Attorney’s fees and costs per Section 6.4.

6.4 Attorney’s Fees. If either Parent is adjudicated in default, that Parent shall pay the reasonable attorney’s fees and costs of the prevailing Parent.

7. RISK ALLOCATION

7.1 Indemnification—Child Welfare Priority. Each Parent (“Indemnifying Parent”) shall indemnify, defend, and hold harmless the other Parent from any losses, liabilities, or governmental actions arising out of the Indemnifying Parent’s breach of Sections 5.4 (Substance Use), 5.5 (Firearms), or willful misconduct that threatens or impairs the Child’s welfare.

7.2 Limitation of Liability. Liability limitations are not applicable to issues involving child safety, willful misconduct, or intentional interference with custody, all of which remain fully actionable under Maryland law.

7.3 Insurance. Each Parent shall maintain homeowner’s or renter’s liability insurance with coverage limits of not less than $[AMOUNT] and shall provide proof of coverage upon request.

7.4 Force Majeure. Parenting Time obligations may be temporarily adjusted for events beyond a Parent’s reasonable control (e.g., natural disasters, pandemic travel restrictions). The affected Parent must notify the other Parent within 24 hours and propose a make-up schedule within 14 days.

8. DISPUTE RESOLUTION

8.1 Governing Law and Forum. Maryland law governs; the Circuit Court for [COUNTY], Maryland maintains exclusive jurisdiction. Maryland family courts adjudicate without a jury.

8.2 Mediation Requirement. Except in emergencies involving imminent harm or abduction, the Parents shall submit disputes to mediation with a Maryland-certified mediator before seeking court intervention. Mediation costs are split equally unless otherwise ordered.

8.3 Limited Arbitration / Parenting Coordination. For day-to-day issues (e.g., extracurricular scheduling) the Parents may agree in writing to submit the dispute to a Parenting Coordinator or arbitrator. Any decision affecting custodial rights is subject to Court review and approval.

8.4 Injunctive Relief. Nothing herein limits a Parent’s right to seek immediate injunctive relief or temporary custody modification to safeguard the Child’s welfare.

9. GENERAL PROVISIONS

9.1 Amendment. Modifications must (a) be in writing, (b) signed by both Parents, and (c) approved by the Court to be effective.

9.2 Waiver. A waiver of any breach is not a waiver of subsequent breaches.

9.3 Assignment. Custodial rights are personal to each Parent and may not be assigned.

9.4 Severability. If any provision is held invalid, the remaining provisions remain enforceable, and the Court is requested to reform the invalid provision to conform to applicable law while preserving the Parties’ intent.

9.5 Integration. This Agreement constitutes the entire understanding between the Parents regarding custody and supersedes all prior agreements on that subject.

9.6 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts and exchanged electronically; all counterparts constitute one instrument. Signatures transmitted via PDF or similar format are deemed originals.

9.7 Notice. Written notices under this Agreement must be sent by (i) certified U.S. mail, return receipt requested, (ii) reputable overnight courier, or (iii) email with delivery confirmation, to the addresses set forth in Section 1.2, unless a Parent updates his/her address in writing.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parents have executed this Agreement as of the Effective Date.

[OPTIONAL NOTARY ACKNOWLEDGMENT BLOCK—MARYLAND]
State of Maryland, County of ____________
On this ___ day of __________, 20___, before me, the undersigned Notary Public, personally appeared ________________________, known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the foregoing instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.
Witness my hand and official seal.
_______________________________
Notary Public
My commission expires: ____________