CHILD CUSTODY & VISITATION AGREEMENT

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

[// GUIDANCE: This template is drafted for use in the District Court Division of the General Court of Justice of the State of North Carolina. Customize all bracketed terms and verify alignment with the local rules of the county of filing.]

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 & Venue. Pursuant to N.C. Gen. Stat. Chapter 50 and the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), the District Court of [County], North Carolina, shall retain exclusive jurisdiction over custody matters concerning the Child(ren), except as modified by court order in accordance with 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 Interest Factors” – The statutory factors identified in N.C. Gen. Stat. § 50-13.2(a)–(f), including but not limited to safety, domestic violence history, stability, and the Child(ren)’s developmental needs.

“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 permanent move of the residence of either Parent that would change the Child(ren)’s primary residence by more than [50] miles or across state lines, as further detailed in Section 3.6.

“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.
[// GUIDANCE: Provide a clear, repeatable schedule. Example below may be replaced.]
  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. Notice. The relocating Parent shall provide [60] days’ prior written notice detailing the new address, reasons, and proposed modifications to Parenting Time.
  b. Objection. Within [30] days of notice, the non-relocating Parent may file an objection in the District Court of [County], triggering a review under the Best Interest Factors.
  c. Temporary Orders. Either Parent may seek injunctive relief to preserve the status quo pending adjudication.

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.
[// GUIDANCE: Insert or reference a separate Child Support Order consistent with the North Carolina Child Support Guidelines.]

3.10 Conditions Subsequent.
Failure of either Parent to comply with Sections 3.3–3.8 constitutes an Event of Default under Section VI.

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 Cure Period. Except in emergencies, an alleged breach must be cured within [5] business days after written notice.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
  a. Failure to comply with Parenting Time.
  b. Violation of Relocation Rules.
  c. Material misrepresentation under Section IV.

6.2 Remedies.
  a. Contempt. Non-compliant Parent may be found in civil or criminal contempt.
  b. Make-Up Parenting Time on a 1:1 basis within [30] days.
  c. Attorney Fees. Prevailing Parent is entitled to reasonable fees and costs.
  d. Modification. Court may modify custody upon finding a substantial change in circumstances.

VII. RISK ALLOCATION

7.1 Indemnification – Child Welfare Priority.
Each Parent (the “Indemnifying Parent”) shall indemnify, defend, and hold harmless the other Parent from any claims, losses, or liabilities arising from the Indemnifying Parent’s breach of this Agreement or acts that endanger the Child(ren).

7.2 Limitation of Liability. No limitation of liability applies to matters affecting child safety, willful misconduct, or contempt; liability caps are expressly not applicable.

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

7.4 Force Majeure. Performance is suspended for events beyond a Parent’s reasonable control (e.g., natural disasters) but Parenting Time shall resume promptly thereafter.

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 Selection. Exclusive venue lies in the District Court of [County], North Carolina.

8.3 Mediation. Prior to filing any motion concerning this Agreement (other than emergency custody or injunctive relief), the Parents shall participate in court-ordered custody mediation in accordance with N.C. Gen. Stat. § 7A-38.4A.

8.4 Arbitration (Limited Availability). The Parents may submit non-custodial ancillary disputes (e.g., reimbursement of extracurricular expenses) to binding arbitration under the North Carolina Uniform Arbitration Act, but issues of custody shall remain within the exclusive jurisdiction of the court.

8.5 Jury Waiver. Custody matters are heard in family court without a jury; any otherwise-triable claims are expressly waived.

8.6 Injunctive Relief. Nothing herein limits either Parent’s right to seek temporary or permanent injunctive relief, including emergency custody or modification, to protect the Child(ren)’s welfare.

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.

[// GUIDANCE: Verify whether two witnesses are required under local practice; North Carolina generally requires only notarization for custody agreements to be incorporated into a court order.]

[END OF TEMPLATE]