CHILD CUSTODY AND PARENTING TIME AGREEMENT
(Minnesota – Minn. Stat. § 518.17 et seq.)
[// GUIDANCE: Insert Court File No. if this Agreement will be incorporated into a Dissolution, Paternity, or Third-Party Custody proceeding.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Legal Custody
3.2 Physical Custody & Parenting Time Schedule
3.3 Decision-Making Protocol
3.4 Information Sharing & Access
3.5 Transportation & Exchanges
3.6 Relocation Restrictions
3.7 Right of First Refusal
3.8 Safety & Welfare Covenants - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Child Custody and Parenting Time Agreement (“Agreement”) is entered into and made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [LEGAL NAME OF PARENT A], residing at [ADDRESS] (“Parent A”); and
• [LEGAL NAME OF PARENT B], residing at [ADDRESS] (“Parent B,” and together with Parent A, the “Parties,” and each, a “Parent”).
RECITALS
A. The Parties are the biological/adoptive parents of the minor child(ren) identified herein.
B. The Parties desire to resolve all issues of custody, parenting time, and related matters in a manner that serves the best interests of the child(ren) pursuant to Minn. Stat. § 518.17 (2023).
C. The Parties intend that this Agreement be incorporated, but not merged, into any subsequent Judgment and Decree or Order issued by the [COUNTY] County District Court, Family Division, State of Minnesota.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound, the Parties agree as follows:
2. DEFINITIONS
For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Defined terms appear in alphabetical order and are used consistently throughout this Agreement.
“Best Interest Factors” means the factors enumerated in Minn. Stat. § 518.17, subd. 1, as may be amended, which the court must consider in adjudicating custody and parenting time.
“Child” or “Children” means [FULL NAME, DATE OF BIRTH] and any other minor child(ren) born to or adopted by the Parties and subject to this Agreement.
“Holiday Schedule” has the meaning assigned in Section 3.2(c).
“Joint Legal Custody” means that both Parents have equal rights and responsibilities regarding the major decisions determining the Child’s upbringing, including education, health care, and religious training.
“Parenting Time” means the time during which a Parent is responsible for the physical care of the Child, as more fully described in Section 3.2.
“Relocation” has the meaning set forth in Minn. Stat. § 518.175, subd. 3.
[// GUIDANCE: Add additional definitions if tailored provisions require them.]
3. OPERATIVE PROVISIONS
3.1 Legal Custody
The Parties agree to Joint Legal Custody of the Child. Each Parent shall participate equally in all major decisions affecting the Child’s health, education, and welfare.
3.2 Physical Custody & Parenting Time Schedule
a. Designation. The Parties agree that [SELECT: “Parent A will have Sole Physical Custody, with Parenting Time to Parent B as set forth below” / “the Parents will share Joint Physical Custody as structured below”].
b. Regular Weekday/Weekend Schedule.
• Weekdays: [SPECIFY, e.g., “Parent A: Monday after school until Thursday drop-off; Parent B: Thursday after school until Monday drop-off.”]
• Weekends: [SPECIFY].
c. Holiday Schedule (Supersedes Regular Schedule).
• Thanksgiving: Even-numbered years with Parent A; odd-numbered years with Parent B.
• Winter Break: [DETAIL SPLIT].
• Child’s Birthday: [DETAIL].
• Mother’s Day/Father’s Day: With the respective Parent annually.
• [ADD ADDITIONAL HOLIDAYS].
d. School Breaks & Vacations. Each Parent may schedule up to [NUMBER] consecutive weeks of vacation parenting time during the Child’s school recesses, with [30] days’ written notice to the other Parent and without unreasonably interfering with the other Parent’s scheduled holiday time.
e. Make-Up Parenting Time. Missed parenting time shall be made up within [30] days unless otherwise agreed in writing.
f. Supervised Parenting Time (if applicable). [DESCRIBE, INCLUDING LOCATION, SUPERVISOR, AND COSTS.]
3.3 Decision-Making Protocol
a. Major Decisions. The Parents shall confer and attempt to reach mutual agreement regarding:
(1) Education (school selection, IEPs, tutoring);
(2) Non-emergency medical, dental, and mental health care;
(3) Religious upbringing; and
(4) Extracurricular activities involving multi-day commitments or expenses exceeding $[AMOUNT].
b. Day-to-Day Decisions. The Parent exercising Parenting Time shall make routine daily decisions for the Child, provided such decisions are consistent with the Child’s established routines and best interests.
3.4 Information Sharing & Access
a. Each Parent is entitled to complete, prompt, and ongoing access to the Child’s educational, medical, dental, and psychological records, consistent with Minn. Stat. § 518.17, subd. 3.
b. The Parents shall list each other as an emergency contact with all care providers and educational institutions.
3.5 Transportation & Exchanges
a. Exchanges shall occur at [LOCATION] at [TIME] unless otherwise agreed.
b. The Parent commencing his or her Parenting Time shall provide transportation, unless impracticable.
c. The Parents shall ensure the Child is safely restrained in accordance with Minnesota seat-belt and child-restraint laws.
3.6 Relocation Restrictions
a. Neither Parent shall remove the Child’s residence to another state or to a location more than [100] miles from [CURRENT RESIDENCE CITY] without:
(1) The written consent of the other Parent; or
(2) An order of the court obtained in compliance with Minn. Stat. § 518.175, subd. 3 (2023).
b. A Parent seeking Relocation shall provide at least 60 days’ advance written notice, specifying the intended new residence, reasons for the move, and proposed revised Parenting Time schedule.
3.7 Right of First Refusal
If a Parent requires child-care for a period exceeding [overnight/8 hours], that Parent shall first offer the other Parent the opportunity to care for the Child during that period before engaging third-party care.
3.8 Safety & Welfare Covenants
a. Both Parents shall refrain from corporal punishment, illegal drugs, and intoxication while the Child is in their care.
b. Firearms shall be stored unloaded, locked, and separate from ammunition.
c. Neither Parent shall expose the Child to domestic violence or criminal activity.
4. REPRESENTATIONS & WARRANTIES
Each Parent represents, warrants, and covenants to the other that:
a. He or she is the legal parent or legal custodian of the Child and has authority to enter into this Agreement.
b. There are no pending orders inconsistent with this Agreement.
c. All information provided in connection with the negotiation of this Agreement is true, complete, and accurate to the best of the Parent’s knowledge.
d. Each Parent has had the opportunity to seek independent legal counsel.
The foregoing representations and warranties shall survive execution and shall be continuing in nature.
5. COVENANTS & RESTRICTIONS
a. Non-Disparagement. Each Parent shall refrain from making derogatory remarks about the other Parent in the presence or hearing of the Child.
b. Foster Relationship. Each Parent shall encourage a positive, loving relationship between the Child and the other Parent.
c. Notice of Significant Events. Each Parent shall notify the other within 24 hours of any significant medical emergency, school disciplinary action, or other material event concerning the Child.
d. Compliance. The Parents shall comply with all applicable laws, including but not limited to Minn. Stat. ch. 518 and any future modifications thereof.
6. DEFAULT & REMEDIES
a. Events of Default. A Parent is in default if he or she:
(1) Unreasonably denies court-ordered Parenting Time;
(2) Removes the Child in violation of Section 3.6;
(3) Fails to comply with decision-making protocols; or
(4) Otherwise materially breaches this Agreement.
b. Notice & Cure. The non-defaulting Parent shall provide written notice specifying the nature of the breach. The defaulting Parent shall have [10] days to cure, unless the breach involves immediate safety concerns.
c. Remedies.
(1) Compensatory parenting time pursuant to Minn. Stat. § 518.175, subd. 6.
(2) Attorney’s fees under Minn. Stat. § 518.14.
(3) Civil or criminal contempt.
(4) Modification of custody or parenting time where appropriate.
7. RISK ALLOCATION
a. Child Welfare Priority. Nothing in this Agreement limits the authority of any court, child-protection agency, or law-enforcement agency to act in the Child’s best interests.
b. Indemnification. Each Parent shall indemnify and hold the other harmless against any liability, loss, or expense (including reasonable attorney’s fees) arising out of that Parent’s breach of this Agreement or violation of law, except to the extent caused by the other Parent’s willful misconduct or gross negligence.
[// GUIDANCE: Liability caps are intentionally omitted per metadata “not_applicable.”]
c. Force Majeure. Parenting Time obligations may be temporarily suspended for events beyond a Parent’s reasonable control (e.g., natural disasters, severe weather) provided the affected Parent promptly notifies the other and reschedules missed time within 30 days.
8. DISPUTE RESOLUTION
a. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to conflict-of-law principles.
b. Forum Selection. The exclusive forum for enforcement or modification shall be the District Court, Family Division, [COUNTY] County, State of Minnesota.
c. Mediation. Except in emergencies involving the Child’s safety, the Parties shall submit any dispute regarding interpretation or implementation of this Agreement to mediation with a qualified neutral before filing any motion with the court. The cost of mediation shall be shared equally unless otherwise agreed.
d. Arbitration. Consistent with Minn. Stat. § 518.1751, the Parties may stipulate in writing to binding parenting-time arbitration for specific disputes. Arbitration shall not be used to determine custody or to limit the court’s inherent authority over child-related matters.
e. Injunctive Relief. Nothing herein limits either Parent’s right to seek immediate injunctive relief, including emergency ex-parte orders, where necessary to protect the Child’s welfare or to prevent wrongful removal.
f. Jury Waiver. Custody and parenting-time matters in Minnesota are determined by the court without a jury.
9. GENERAL PROVISIONS
a. Modification. This Agreement may be modified only by (i) a subsequent written agreement executed by both Parents and approved by the court, or (ii) a court order entered upon proper motion under Minn. Stat. § 518.18.
b. Entire Agreement. This document, together with any exhibits incorporated herein, constitutes the entire understanding of the Parties regarding custody and parenting time and supersedes all prior oral or written agreements.
c. Severability. If any provision is held unenforceable, the remaining provisions shall remain in full force, and the court is requested to reform the unenforceable provision to the extent necessary to preserve its intent and the best interests of the Child.
d. Waiver. A waiver of any breach shall not operate as a waiver of any subsequent breach.
e. Assignment. Custody and parenting rights are personal in nature and may not be assigned or delegated, except as expressly permitted herein.
f. Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically (e.g., PDF, DocuSign) shall be deemed original signatures for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parents have executed this Child Custody and Parenting Time Agreement as of the Effective Date.
| Parent | Signature | Date |
|---|---|---|
| Parent A: [NAME] | _______ | __ |
| Parent B: [NAME] | _______ | __ |
[// GUIDANCE: Minnesota does not require notarization for custody agreements, but notarization is recommended for evidentiary purposes if the Agreement is not incorporated into a court order.]
[OPTIONAL NOTARY ACKNOWLEDGMENT]
State of Minnesota )
County of ____ )
On this ___ day of _, 20_, before me, a Notary Public in and for said state, personally appeared ____ and ______, known to me to be the persons who executed the foregoing instrument, and acknowledged that they executed it as their free act and deed.
Notary Public
My commission expires: _______
[// GUIDANCE: Attach Exhibit A – Detailed Parenting Time Calendar, and Exhibit B – Statutory Best Interest Factors Analysis, if the court requires a written explanation of how the Agreement satisfies Minn. Stat. § 518.17.]