CHILD CUSTODY AND PARENTAL RIGHTS AGREEMENT

State of Maine

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
    3.1 Allocation of Parental Rights and Responsibilities
    3.2 Primary Residence
    3.3 Parenting Time Schedule
    3.4 Holiday & Special Occasion Schedule
    3.5 Transportation & Transitions
    3.6 Communication Protocols
    3.7 Decision-Making Authority
    3.8 Access to Information
    3.9 Relocation
    3.10 Modification
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. Child Custody and Parental Rights Agreement (the “Agreement”).

1.2 Parties.
This Agreement is entered into by and between:

• [PARENT A FULL LEGAL NAME], residing at [ADDRESS] (“Parent A”); and
• [PARENT B FULL LEGAL NAME], residing at [ADDRESS] (“Parent B”).

Parent A and Parent B are collectively referred to as the “Parties” and individually as a “Party.”

1.3 Recitals.
WHEREAS, the Parties are the biological/legal parents of the minor child(ren) identified below;
WHEREAS, the Parties desire to allocate parental rights and responsibilities in accordance with the best-interest factors set forth in 19-A M.R.S. § 1653(3); and
WHEREAS, the Parties intend that this Agreement be incorporated, but not merged, into a final order of the Maine District Court (Family Division).

NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows.

1.4 Effective Date. This Agreement becomes effective on the later of (a) the date last signed below or (b) the date approved by the Court (the “Effective Date”).

1.5 Jurisdiction & Governing Law. This Agreement shall be governed by, and construed in accordance with, the domestic-relations laws of the State of Maine, including without limitation 19-A M.R.S. § 1653 et seq.

2. DEFINITIONS

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

“Agreement” has the meaning set forth in Section 1.1.
“Best-Interest Factors” means the criteria enumerated in 19-A M.R.S. § 1653(3).
“Child” or “Children” means the minor child(ren) of the Parties:
 • Child 1: [FULL NAME], born [DOB]
 • Child 2: [FULL NAME], born [DOB]
“Court” means the Maine District Court (Family Division) having competent jurisdiction.
“Emergency” means an unforeseen circumstance posing an imminent risk to a Child’s health or safety requiring immediate action.
“Holiday Schedule” has the meaning set forth in Section 3.4.
“Parenting Time” means the periods during which a Child is in the physical care of a Party.
“Primary Residence” has the meaning set forth in Section 3.2.
“Relocation” means a proposed change in a Child’s primary residence that would impair the other parent’s ability to exercise Parenting Time, consistent with 19-A M.R.S. § 1653(14).
“School Calendar” means the official calendar published by the Child’s school district for each academic year.
[// GUIDANCE: Add or remove defined terms to fit the family’s circumstances.]

3. OPERATIVE PROVISIONS

3.1 Allocation of Parental Rights and Responsibilities

3.1.1 Shared Parental Rights. The Parties shall share parental rights and responsibilities as defined in 19-A M.R.S. § 1653(2)(A), except as expressly modified herein.
3.1.2 Decision-Making. Major decisions concerning education, non-emergency health care, and religious upbringing shall be made jointly unless otherwise provided in Section 3.7.

3.2 Primary Residence

3.2.1 Designation. The Children’s Primary Residence shall be with [PARENT A / PARENT B / BOTH (equal)] at [ADDRESS].
3.2.2 School Enrollment. The Primary Residence shall determine school enrollment absent mutual written agreement or court order.

3.3 Parenting Time Schedule

3.3.1 Regular Weekday/Weekend Schedule.
• Weekdays: From [DAY/TIME] to [DAY/TIME], the Children shall reside with [PARENT].
• Weekends: From [DAY/TIME] to [DAY/TIME], the Children shall reside with [PARENT].
3.3.2 Makeup Time. Missed Parenting Time due to illness or other good cause shall be made up within [NUMBER] days unless impracticable.
[// GUIDANCE: Provide a table or calendar insert if helpful for clarity.]

3.4 Holiday & Special Occasion Schedule

The Holiday Schedule supersedes the regular schedule:
a. Thanksgiving: [ALLOCATED PARENT & TIMEFRAME]
b. Christmas Eve/Day: [ALLOCATED PARENT & TIMEFRAME]
c. Children’s Birthdays: Alternating annually starting [YEAR]
d. Parents’ Day/Mother’s Day/Father’s Day: With the honored parent
e. Other Cultural/Religious Holidays: [DETAILS]

3.5 Transportation & Transitions

3.5.1 Exchange Location. Exchanges shall occur at [LOCATION] unless otherwise agreed.
3.5.2 Responsibility for Transportation. The receiving parent shall provide transportation unless the Parties agree otherwise.
3.5.3 Timeliness. Each Party shall be punctual; a delay exceeding [15] minutes requires notice via [TEXT/CALL].

3.6 Communication Protocols

3.6.1 Child-to-Parent Contact. The Children may communicate with the non-custodial parent up to [DURATION] per [DAY/WEEK] via phone or video call.
3.6.2 Parent-to-Parent Communication. All co-parenting communications shall occur through [PARENTING APP/EMAIL/TEXT], be child-focused, and free from disparagement.

3.7 Decision-Making Authority

3.7.1 Day-to-Day Decisions. The parent exercising Parenting Time shall make routine day-to-day decisions.
3.7.2 Tie-Breaker Mechanism. If joint decision-making results in impasse after good-faith negotiation and mediation (see § 3.10.1), [PARENT A] shall have tie-breaking authority for [AREA], and [PARENT B] for [AREA].

3.8 Access to Information

Each Party shall have equal rights to school records, medical records, and other pertinent information concerning the Children, in accordance with 19-A M.R.S. § 1653(2)(E).

3.9 Relocation

3.9.1 Notice Requirement. A Party proposing Relocation must provide at least [60] days’ advance written notice, stating (a) the new address, (b) proposed new Parenting Time plan, and (c) reasons for the move.
3.9.2 Objection & Resolution. The non-relocating parent shall respond within [30] days. If the Parties cannot agree, either may petition the Court, which shall apply the best-interest standard per 19-A M.R.S. § 1653(14).

3.10 Modification

3.10.1 Mediation Pre-Condition. Except in Emergencies, the Parties shall attempt mediation with a mutually selected, Maine-qualified mediator before filing any motion to modify.
3.10.2 Substantial Change Standard. Modifications require a substantial change in circumstances and must serve the Children’s best interests pursuant to 19-A M.R.S. § 1653(10).

4. REPRESENTATIONS & WARRANTIES

4.1 Authority. Each Party represents that he or she is the legal parent of the Children and has full authority to enter this Agreement.

4.2 No Prior Conflicting Orders. Each Party represents that no other court order conflicts with the terms herein.

4.3 Disclosure. Each Party warrants that all material information affecting the Children’s welfare has been disclosed.

4.4 Survival. The representations and warranties in this Section survive execution and remain in effect for the duration of this Agreement.

5. COVENANTS & RESTRICTIONS

5.1 Positive Co-Parenting. Each Party covenants to foster the Children’s relationship with the other parent and shall not disparage the other parent in the Children’s presence.

5.2 Substance Use. Neither Party shall consume impairing substances within [X] hours before or during Parenting Time.

5.3 Firearms & Hazardous Materials. Firearms shall be stored unloaded, locked, and separate from ammunition. Hazardous materials shall be secured out of Children’s reach.

5.4 Non-Removal from Jurisdiction. Except for agreed vacations not exceeding [30] days, neither Party shall remove the Children from Maine without prior written consent or Court order.

5.5 Notice of Health Issues. Each Party shall notify the other within [24] hours of any significant illness, injury, or medical treatment of a Child.

5.6 Compliance. Each Party shall comply with all applicable Maine and federal laws concerning child welfare, education, and health.

6. DEFAULT & REMEDIES

6.1 Events of Default. A Party is in default if he or she:
a. Materially violates Parenting Time provisions;
b. Fails to provide required notice under Section 3.9;
c. Endangers a Child’s welfare; or
d. Violates any Court order incorporating this Agreement.

6.2 Cure Period. The non-defaulting Party shall provide written notice specifying the default. The defaulting Party has [7] days to cure, unless the default endangers the Children, in which case immediate relief may be sought.

6.3 Remedies.
a. Court Enforcement. The non-defaulting Party may seek enforcement or contempt sanctions.
b. Attorney Fees. A defaulting Party shall pay the reasonable attorney fees and costs of enforcement.
c. Compensatory Parenting Time. Missed time attributable to the defaulting Party shall be rescheduled promptly.

7. RISK ALLOCATION

7.1 Child-Welfare Priority Indemnification. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party from any claims, losses, or liabilities arising from the Indemnifying Party’s breach of this Agreement or negligent acts/omissions affecting a Child’s welfare while in that Party’s care.

7.2 Limitation of Liability. Not applicable to matters concerning child welfare; no caps shall impair the Court’s authority to protect the Children’s best interests.

7.3 Insurance. Each Party shall maintain health insurance for the Children as required by 19-A M.R.S. § 1653(8). Optional life insurance on each parent for the benefit of the Children is strongly encouraged.

7.4 Force Majeure. Parenting Time obligations are suspended to the extent impossible due to acts of God, natural disasters, public health emergencies, or similar events, provided the affected Party gives prompt notice and works in good faith to resume normal schedules.

8. DISPUTE RESOLUTION

8.1 Governing Law. Maine family law governs any dispute.

8.2 Forum Selection. The Maine District Court (Family Division) has exclusive jurisdiction.

8.3 Mediation. Except as otherwise provided in Section 3.10 or in Emergencies, the Parties shall mediate any dispute arising under this Agreement before seeking Court intervention.

8.4 Arbitration. Binding arbitration is unavailable for child-custody determinations under Maine law; any ancillary financial disputes (e.g., expense reimbursements) may be submitted to arbitration only by subsequent, written mutual agreement.

8.5 Injunctive Relief. Nothing herein limits a Party’s right to seek emergency or injunctive relief for the protection of the Children or enforcement of custody provisions.

8.6 Jury Waiver. Jury trials are not available in Maine family-court matters; the Parties acknowledge same.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers. Any amendment or waiver must be in writing, signed by both Parties, and approved by the Court to be effective.

9.2 Assignment. Parental rights and responsibilities are personal; no assignment or delegation is permitted.

9.3 Successors & Assigns. This Agreement binds the Parties and their respective heirs, legal representatives, and permitted assigns.

9.4 Severability. If any provision is held invalid, the remainder shall be enforced to the fullest extent permitted, consistent with the Children’s best interests.

9.5 Integration. This Agreement constitutes the entire understanding between the Parties regarding custody and supersedes all prior agreements, subject to Court approval.

9.6 Counterparts & Electronic Signatures. The Parties may execute this Agreement in counterparts, each of which is deemed an original. Electronic signatures are valid and enforceable.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates set forth below.

ATTORNEY ACKNOWLEDGMENTS (optional but recommended)

[COUNSEL FOR PARENT A] acknowledges review and approval:
Signature: ____ Date: _

[COUNSEL FOR PARENT B] acknowledges review and approval:
Signature: ____ Date: _

NOTARY PUBLIC

State of Maine
County of ____

On this __ day of __, 20__, before me, the undersigned Notary Public, personally appeared [PARENT A] □and / □or [PARENT B], proved to me through satisfactory evidence of identification to be the person(s) whose name(s) is/are signed on the preceding document, and acknowledged that he/she/they signed it voluntarily for its stated purpose.

Notary Public, State of Maine
My Commission Expires: ____

[// GUIDANCE:
1. Review all bracketed placeholders and customize to the family’s facts.
2. Verify holiday definitions align with the school calendar.
3. Attach any required Child Support Worksheet separately.
4. File this Agreement with the Maine District Court using Form FM-167 (or current equivalent) for incorporation into the final judgment.
]