Child Custody Agreement - North Carolina

CHILD CUSTODY & VISITATION AGREEMENT

(North Carolina – N.C. Gen. Stat. § 50-13.2 et seq.)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1.1 Title. Child Custody & Visitation Agreement (the “Agreement”).

1.2 Parties. This Agreement is entered into by and between:
  a. [Parent A Full Legal Name], residing at [Address] (“Parent A”); and
  b. [Parent B Full Legal Name], residing at [Address] (“Parent B,” and together with Parent A, the “Parents”).

1.3 Minor Child(ren). 
  • [Child 1 Name], born [DOB]
  • [Additional Children]

1.4 Effective Date. This Agreement becomes effective on [Effective Date] (the “Effective Date”).

1.5 Jurisdiction & Existing Orders. The Parents shall identify every custody determination, pending custody case, and other state in which the Child(ren) or a person acting as a parent has recently lived. This Agreement does not itself create jurisdiction or exclusive venue. Under N.C. Gen. Stat. § 50A-202, a North Carolina court has exclusive, continuing jurisdiction only after making a qualifying custody determination and only while the statutory connection or residence conditions continue. Any modification remains subject to the UCCJEA and N.C. Gen. Stat. § 50-13.7.

1.6 Recitals.
  a. The Parents are the natural/legal parents of the Child(ren).
  b. The Parents desire to resolve all issues of legal and physical custody and visitation in the best interests of the Child(ren) pursuant to N.C. Gen. Stat. § 50-13.2.
  c. In consideration of the mutual promises herein, the sufficiency of which is acknowledged, the Parents agree as follows.

II. DEFINITIONS

For ease of reference, capitalized terms shall have the meanings set forth below. All section cross-references are to this Agreement unless otherwise specified.

“Agreement” – This Child Custody & Visitation Agreement, as amended.

“Best Interests” – The court's determination under N.C. Gen. Stat. § 50-13.2 based on all relevant factors. The statute expressly identifies domestic violence between the parties, the safety of the child, and the safety of either party from domestic violence by the other party; it does not supply the fixed relocation thresholds previously printed in this Agreement.

“Exchange Location” – [Designated Location or “As mutually agreed in writing”].

“Holiday Schedule” – The allocation of parenting time during federally-recognized holidays and school breaks, set forth in Section 3.4.

“Legal Custody” – The authority to make major decisions regarding the Child(ren)’s health, education, and welfare.

“Parenting Time” – Periods during which a Parent has physical care and supervision of the Child(ren).

“Physical Custody” – Day-to-day physical care of the Child(ren) as set forth in Section 3.2.

“Relocation” – A proposed move that may affect the existing custody order, the Child(ren)'s welfare, the parenting schedule, or jurisdiction. Record any distance, notice, consent, or court-approval term from the current order in Section 3.6 rather than assuming a statewide mileage threshold.

“School Year” – The academic calendar published by [School District] in which the Child(ren) are enrolled.

III. OPERATIVE PROVISIONS

3.1 Custody Designation.
  a. Legal Custody. [Joint / Sole to Parent A / Sole to Parent B].
  b. Physical Custody. [Primary to Parent A with Parenting Time to Parent B / Shared / Other].

3.2 Regular Parenting Time Schedule.

  a. Week-On / Week-Off commencing every [Monday at 9:00 a.m.].
  b. Mid-Week Overnight with non-custodial Parent every [Wednesday].

3.3 Visitation Standards.
  a. Parenting Time shall be liberal and consistent with the Child(ren)’s Best Interests.
  b. Each Parent shall foster a positive relationship between the Child(ren) and the other Parent and avoid derogatory remarks.
  c. Supervised Visitation (if applicable) shall occur at [Supervised Center / Third-Party] until modified by court order.

3.4 Holiday Schedule.
  a. Even-Numbered Years: Parent A has Thanksgiving, Parent B has Christmas.
  b. Odd-Numbered Years: Parent B has Thanksgiving, Parent A has Christmas.
  c. Mother’s Day/Father’s Day shall be spent with the respective Parent from [9:00 a.m.–6:00 p.m.].
  d. Additional holidays: [List].

3.5 Vacation & School Breaks.
  a. Each Parent may take up to [2] non-consecutive weeks of vacation annually with [30] days’ prior written notice.
  b. Vacation shall not unreasonably interfere with the other Parent’s holiday entitlement.

3.6 Relocation Rules.
  a. Current order. The current custody order requires the following relocation notice, consent, or approval procedure: [QUOTE OR SUMMARIZE EXACT ORDER TERM / NONE IDENTIFIED].
  b. Proposed move. The proposing Parent shall provide the information required by the current order and counsel-approved written notice, including the proposed address, move date, reason, school or care effects, transportation plan, and proposed schedule changes.
  c. Response. Any objection, motion, or request for temporary relief must follow the current order, applicable court rules, and a verified filing deadline. This Agreement does not create a statewide 60-day notice period, 30-day objection period, or 50-mile relocation rule.
  d. Court review. If the Parents do not agree, any requested custody modification remains subject to the court's best-interest determination, changed-circumstances requirements, and UCCJEA jurisdiction.

3.7 Communication.
  a. Telephonic/Video Contact: Daily between [6:00 p.m.–7:00 p.m.], unless mutually modified.
  b. Access to Records: Each Parent shall have equal rights to school, medical, and activity records.

3.8 Transportation & Exchanges.
  a. Pick-Up: The receiving Parent shall pick up the Child(ren) at the Exchange Location.
  b. Tardiness exceeding [15] minutes requires immediate notice to the other Parent.
  c. Safety seats shall comply with N.C. motor vehicle laws.

3.9 Child Support & Expenses.

3.10 Court-Controlled Enforcement.
Sections 3.3–3.8 state proposed parenting terms. An alleged violation does not create an automatic contractual default or remedy; use the current order and controlling court procedure.

IV. REPRESENTATIONS & WARRANTIES

4.1 Authority & Fitness. Each Parent represents that:
  a. They are the legal parent of the Child(ren) and possess the authority to enter into this Agreement.
  b. No prior court order conflicts with this Agreement, or any such order will be superseded upon entry of a consent order.
  c. They are not currently engaged in conduct that would endanger the Child(ren)’s welfare.

4.2 Full Disclosure. Each Parent has disclosed all facts material to custody determinations, including any criminal or DSS (Department of Social Services) investigations.

4.3 Survival. These representations and warranties survive execution and remain in effect until terminated or modified by court order.

V. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants.
  a. Cooperation. Parents shall consult on major issues affecting the Child(ren).
  b. Compliance. Parents shall comply with all current and future court orders and applicable laws.

5.2 Negative Covenants.
  a. Non-Disparagement. Parents shall not demean the other Parent in the presence or hearing of the Child(ren).
  b. Substance Use. Parents shall not be impaired by alcohol or controlled substances during Parenting Time.

5.3 Notice Obligations. Each Parent shall provide the other with updated contact information within [72] hours of any change.

5.4 Problem-Solving Notice. Except in an emergency, a Parent may give written notice describing a concern and a proposed resolution. This private notice does not create a cure deadline, waive court access, or alter any deadline or remedy in the current order or governing law.

VI. COURT-CONTROLLED ENFORCEMENT AND MODIFICATION

6.1 Record of Concern.
Document the current order, disputed conduct, dates, communications, child-welfare effects, and requested resolution. Do not label conduct contempt or assume a remedy before the court applies the governing standard.

6.2 Requested Relief.
Any request for enforcement, contempt, make-up parenting time, fees, or modification must be made through the court with jurisdiction and supported by the current order, facts, and controlling authority. Section 50-13.7 requires a motion in the cause and changed circumstances for modification of a North Carolina custody order, subject to the cited UCCJEA provisions. Section 50-13.6 makes a custody-fee award discretionary and requires an interested party acting in good faith who has insufficient means to defray the suit expense; this Agreement creates no prevailing-party entitlement.

VII. CHILD-WELFARE AND SAFETY CONTROLS

7.1 No Private Risk Transfer.
This Agreement creates no indemnity, defense duty, liability cap, automatic monetary remedy, or transfer of a Parent's child-welfare obligations.

7.2 Best-Interest Control. A custody order must promote the Child(ren)'s interest and welfare. The court considers all relevant factors, including domestic violence and the safety of the Child(ren) and each party, and must make supporting written findings under § 50-13.2(a).

7.3 Insurance. Parents shall maintain health insurance for the Child(ren) consistent with N.C. Gen. Stat. § 50-13.11.

7.4 Disruption Planning. Record emergency contacts, temporary exchange arrangements, and communication steps for weather, illness, closure, or another disruption. This planning clause does not suspend or replace the current order; seek court-controlled relief when required.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without regard to its conflict-of-laws principles.

8.2 Forum. Any filing shall be made only in a court that has jurisdiction under the UCCJEA and other governing law, after reviewing the current order and case history. Proposed North Carolina county, subject to that review: [County].

8.3 Custody Mediation Route. This Agreement does not create a pre-filing mediation condition. When a filed action presents a contested custody or visitation issue, the court shall set the unresolved issue for mediation where a program exists under N.C. Gen. Stat. § 7A-494, before or concurrent with the hearing setting, unless the court waives mediation for good cause under N.C. Gen. Stat. § 50-13.1(b)–(c). Modification issues ordinarily follow that route; custody or visitation issues in contempt or show-cause motions may be mediated. Child support and other economic issues are not referred under § 50-13.1.

8.4 Mediated Agreement. Any custody or visitation agreement reached in statutory mediation must be reduced to writing, signed by each Parent, and submitted to the court. Unless the court finds good reason not to, the court incorporates it into an order, at which point it becomes enforceable as a court order under N.C. Gen. Stat. § 50-13.1(g).

8.5 Other Procedures. No arbitration agreement, jury waiver, emergency-relief standard, or ancillary-dispute procedure is selected by this template. Use the current order, pleadings, local rules, and verified authority for any procedure outside the custody-mediation route described above.

8.6 Court-Controlled Relief. A request for emergency, temporary, enforcement, contempt, or modification relief must be made through the court that has jurisdiction and under the current order and verified governing procedure.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment is valid unless in a writing signed by both Parents and entered by the court. No waiver of a breach constitutes a waiver of a subsequent breach.

9.2 Assignment. No Parent may assign rights or delegate duties under this Agreement.

9.3 Successors & Assigns. This Agreement binds the Parents’ heirs, personal representatives, and permitted assigns.

9.4 Severability. If any provision is held unenforceable, the remaining provisions shall remain in full force, and the court may reform the Agreement to effectuate its intent.

9.5 Integration/Merger. This Agreement constitutes the entire understanding regarding custody and supersedes all prior agreements, oral or written.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each deemed an original. Electronic signatures are valid to the fullest extent permitted by law.

9.7 Headings. Headings are for convenience only and do not affect interpretation.

X. EXECUTION BLOCK

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

Date: ____________________ | Date: ____________________

NOTARY ACKNOWLEDGMENT

State of North Carolina
County of [County]

I, [Notary Name], a Notary Public for said County and State, certify that [Parent A Name] personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal, this the ____ day of __________, 20__.

__________________________________
Notary Public
My Commission Expires: ____________

Repeat acknowledgment for Parent B.

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