CHILD CUSTODY & PARENTING PLAN AGREEMENT

State of North Dakota

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
   1. Allocation of Parental Rights and Responsibilities
   2. Parenting-Time Schedule
   3. Transportation & Exchange Logistics
   4. Right of First Refusal
   5. Communication Protocols
   6. Travel & Vacation
   7. Relocation
   8. Child-Related Financial Responsibilities
   9. Health, Education & Records Access
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

This Child Custody & Parenting Plan Agreement (the “Agreement”) is entered into and made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

1. [PARENT 1 FULL LEGAL NAME], residing at [PARENT 1 ADDRESS] (“Parent 1”); and
2. [PARENT 2 FULL LEGAL NAME], residing at [PARENT 2 ADDRESS] (“Parent 2,” and together with Parent 1, the “Parents”).

WHEREAS, the Parents are the natural/legal parents of 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];

WHEREAS, the Parents desire to allocate their respective parental rights and responsibilities consistent with the best interests of the Children pursuant to N.D. Cent. Code § 14-09-06.2 (best-interest factors) and related North Dakota law; and

WHEREAS, the Parents understand that this Agreement shall become a court order only upon approval, incorporation, and entry by the [COUNTY] County District Court, Family Division, State of North Dakota (the “Court”).

NOW, THEREFORE, in consideration of the mutual promises herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parents agree as follows:

II. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below. Terms defined herein include the singular and plural forms and shall apply equally to all Children unless expressly stated otherwise.

“Agreement” means this Child Custody & Parenting Plan Agreement, including all Exhibits and Schedules, as amended from time to time in writing and approved by the Court.

“Court” means the North Dakota District Court, Family Division, having jurisdiction over the matter.

“Decision-Making Responsibility” means the right and obligation to make major decisions—medical, educational, religious, and extracurricular—affecting a Child.

“Holiday Schedule” means the specific allocation of parenting time for holidays and special occasions, attached hereto as Exhibit A.

“Mediation” means a confidential, non-binding dispute-resolution process facilitated by a neutral third-party mediator mutually selected by the Parents.

“Parenting Time” (also called “residential responsibility”) means the period during which a Child is in the physical care of a Parent.

“Relocation” means a proposed change in the principal residence of a Child that would:
(a) move the child outside the State of North Dakota; or
(b) substantially impair the ability of the non-relocating Parent to exercise Parenting Time, as defined under N.D. Cent. Code § 14-09-07.

“Right of First Refusal” means the obligation of a Parent, who is unable to personally care for a Child for a period exceeding [INSERT HOURS, e.g., 8], to first offer the missed Parenting Time to the other Parent.

Any term not defined herein shall have the meaning ascribed under applicable North Dakota family law statutes or controlling case law.

[// GUIDANCE: Add additional defined terms that are specific to the Parents’ circumstances—e.g., “Extracurricular Activity,” “Healthcare Provider,” etc.]

III. OPERATIVE PROVISIONS

1. Allocation of Parental Rights and Responsibilities

1.1 Best Interests Standard. All provisions herein are intended to advance the best interests and welfare of the Children as delineated in N.D. Cent. Code § 14-09-06.2.

1.2 Decision-Making Responsibility.
(a) Joint Decisions. The Parents shall share joint Decision-Making Responsibility regarding major decisions in the areas of:
i. Education and schooling;
ii. Non-emergency healthcare and mental-health treatment;
iii. Religious upbringing and participation; and
iv. Enrollment in significant extracurricular activities.
(b) Emergency Medical Decisions. Either Parent may make emergency healthcare decisions when the Children are under that Parent’s care, provided the other Parent is notified as soon as practicable, but in no event later than twenty-four (24) hours following the emergency.

1.3 Tie-Break Procedures. In the event of a disagreement concerning a major decision, the Parents shall:
i. Confer in good faith for at least forty-eight (48) hours;
ii. Submit the matter to Mediation if unresolved; and
iii. Petition the Court for determination only after completing Mediation.

[// GUIDANCE: If one Parent should hold final decision-making authority in a particular sphere—e.g., medical—reflect that here.]

2. Parenting-Time Schedule

2.1 Baseline Schedule. The Children shall reside with:
(a) Parent 1 every [SPECIFY DAYS/WEEKS]; and
(b) Parent 2 every [SPECIFY DAYS/WEEKS].

2.2 Holiday Schedule. The Holiday Schedule in Exhibit A supersedes the Baseline Schedule for the designated holidays and special occasions.

2.3 Summer Schedule. From [DATE] to [DATE] each year, the Parenting-Time Schedule shall be as set forth in Exhibit B.

2.4 Transitional Provisions for Young Children. If any Child is under the age of [AGE], the phased-in schedule set forth in Exhibit C shall apply until that Child reaches [AGE] on [DATE], at which time the Baseline Schedule shall control.

2.5 Virtual Parenting Time. Each Parent may have reasonable audio/video contact (e.g., phone, Facetime, Zoom) with the Children during the other Parent’s Parenting Time between [START TIME] and [END TIME], absent exceptional circumstances.

3. Transportation & Exchange Logistics

3.1 Exchange Location. Unless otherwise agreed in writing, exchanges shall occur at [LOCATION], with the Parent beginning Parenting Time responsible for pick-up.

3.2 Timeliness. Each Parent shall be punctual. A delay exceeding fifteen (15) minutes without prior notice constitutes a material breach.

3.3 Child Safety. All transportation shall comply with state child-safety seat laws and shall be conducted by a licensed, insured driver.

4. Right of First Refusal

If either Parent anticipates being unable to exercise scheduled Parenting Time for more than [HOURS], that Parent shall notify the other Parent via [TEXT/EMAIL] at least [NOTICE HOURS] in advance and offer the time to the other Parent. If declined, the notifying Parent may secure alternative childcare.

5. Communication Protocols

5.1 Parental Communication. Parents shall communicate respectfully via [APP/EMAIL] regarding all Child-related matters.

5.2 Information Exchange. Major updates (school reports, medical records, extracurricular schedules) shall be shared within twenty-four (24) hours of receipt.

6. Travel & Vacation

6.1 Domestic Travel. A Parent traveling with the Children outside North Dakota for more than [72] hours shall provide the other Parent with itinerary, lodging information, and emergency contact numbers no later than [7] days before departure.

6.2 International Travel. International travel requires either (i) written notarized consent of the non-traveling Parent, or (ii) Court order. Passports shall be exchanged as reasonably necessary.

7. Relocation

7.1 Notice Requirement. A Parent seeking Relocation shall provide the other Parent with written notice at least sixty (60) days prior to the intended Relocation date, stating (i) the proposed new address, (ii) reasons for Relocation, and (iii) a proposed revised Parenting-Time Schedule.

7.2 Consent or Court Approval. Relocation may occur only:
(a) with the written consent of the non-relocating Parent; or
(b) upon Court approval in accordance with N.D. Cent. Code § 14-09-07.

7.3 Temporary Injunctive Relief. Until final adjudication, neither Parent shall unilaterally change a Child’s principal residence. The Court retains authority to issue immediate injunctive relief.

8. Child-Related Financial Responsibilities

[// GUIDANCE: Insert or cross-reference the parties’ separate Child Support Order. If desired, include provisions for unreimbursed medical expenses, extracurricular costs, and tax dependency claims.]

9. Health, Education & Records Access

9.1 Equal Access. Each Parent shall have equal access to the Children’s educational and medical records in compliance with the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPAA).

9.2 Designations. The Parents shall each list the other as an emergency contact with all schools and healthcare providers unless otherwise ordered by the Court.

IV. REPRESENTATIONS & WARRANTIES

4.1 Capacity. Each Parent represents that he or she is legally competent and under no disability preventing execution of this Agreement.

4.2 Disclosure. Each Parent has disclosed all facts that could materially affect the best interests of the Children.

4.3 No Protective Orders. There are no outstanding protective or restraining orders affecting either Parent except as disclosed in Exhibit D.

4.4 Survival. The representations and warranties herein survive Court approval and remain in effect until modified by written agreement of the Parents and Court order.

V. COVENANTS & RESTRICTIONS

5.1 Non-Disparagement. Neither Parent shall disparage the other in the presence or hearing of the Children.

5.2 Substance Use. No Parent shall consume alcohol or any controlled substance to the point of impairment during or within [12] hours prior to exercising Parenting Time.

5.3 Firearms & Dangerous Items. Firearms shall be stored unloaded in locked containers and ammunition stored separately, inaccessible to the Children.

5.4 Compliance with Laws. Each Parent shall comply with all applicable federal, state, and local laws, including mandatory-reporting requirements for suspected child abuse or neglect.

VI. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute defaults:
(a) Willful violation of the Parenting-Time Schedule;
(b) Denial of required information;
(c) Failure to provide relocation notice; or
(d) Any act or omission jeopardizing a Child’s health, safety, or welfare.

6.2 Notice & Cure. A non-defaulting Parent shall provide written notice of default. The defaulting Parent has seventy-two (72) hours to cure, unless the default endangers the Child, in which case immediate Court intervention is permitted.

6.3 Remedies. Upon default, the non-defaulting Parent may seek:
(a) Make-up Parenting Time;
(b) Attorneys’ fees and costs;
(c) Civil or criminal contempt sanctions;
(d) Modification of custody or decision-making authority; and/or
(e) Any other relief in the best interests of the Children.

VII. RISK ALLOCATION

7.1 Child-Welfare Priority. The Parents acknowledge that indemnification and limitation-of-liability concepts are inapplicable where child welfare is concerned, and all provisions herein shall be interpreted to prioritize the Children’s safety and best interests.

7.2 Insurance. Each Parent shall maintain (i) health insurance covering the Children consistent with the Court’s Child Support Order, and (ii) automobile liability insurance meeting or exceeding North Dakota statutory minimums.

7.3 Force Majeure. Parenting Time obligations may be temporarily suspended due to events beyond a Parent’s reasonable control (e.g., natural disaster, pandemic-related government order). The Parents shall resume the agreed schedule as soon as practicable and cooperate in arranging reasonable make-up time.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the domestic-relations laws of the State of North Dakota.

8.2 Forum Selection. The exclusive forum for any action arising out of or relating to this Agreement shall be the [COUNTY] County District Court, Family Division.

8.3 Mediation Requirement. Except in emergencies, the Parents shall submit all disputes to Mediation before filing any motion with the Court. Mediation costs shall be shared equally unless otherwise agreed.

8.4 Arbitration (Limited Availability). Consistent with North Dakota public policy, issues of Parenting Time, custody, and decision-making are non-arbitrable. The Parents may, however, arbitrate purely financial disputes (e.g., allocation of extracurricular expenses) if both consent in writing.

8.5 Jury Waiver. Not applicable. Matters shall be resolved by the Court sitting without a jury.

8.6 Injunctive Relief. The Court retains jurisdiction to enter temporary or permanent injunctive relief, including but not limited to orders preventing unlawful Relocation or enforcing Parenting Time.

IX. GENERAL PROVISIONS

9.1 Modification. This Agreement may be modified only (i) by a written instrument executed by both Parents and (ii) upon approval and entry by the Court.

9.2 Waiver. A waiver of any provision on one occasion is not a waiver of the same or any other provision on any other occasion.

9.3 Assignment. Parental rights and responsibilities are personal and may not be assigned.

9.4 Severability. If any provision is held invalid by the Court, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to achieve its original intent to the maximum extent permitted by law.

9.5 Integration. This Agreement (including all Exhibits) constitutes the entire understanding of the Parents and supersedes all prior oral or written agreements regarding custody, Parenting Time, or decision-making for the Children.

9.6 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted electronically or by facsimile are deemed original for all purposes.

X. EXECUTION BLOCK

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

ACKNOWLEDGMENT

STATE OF NORTH DAKOTA
COUNTY OF [_]

This instrument was acknowledged before me on the _ day of _, 20___, by [PARENT 1 NAME] and [PARENT 2 NAME].

Notary Public for the State of North Dakota
My Commission Expires: _______

EXHIBIT A – HOLIDAY SCHEDULE

[Provide detailed allocation for Christmas, Thanksgiving, Spring Break, Mother’s/Father’s Day, birthdays, etc.]

EXHIBIT B – SUMMER SCHEDULE

[Detail weekly allocation, camp arrangements, extended vacation windows, etc.]

EXHIBIT C – PHASED-IN SCHEDULE (IF APPLICABLE)

[Outline gradual increase in overnight parenting time for a very young Child.]

EXHIBIT D – EXISTING PROTECTIVE ORDERS (IF ANY)

[Attach copies or state “None.”]

[// GUIDANCE:
1. Confirm all statutory references with current North Dakota law before filing.
2. Attach the mandatory North Dakota Parenting Investigator or Mediator notice if required by local rule.
3. Tailor Exhibits A–C to suit the family’s specific schedules and the Children’s developmental needs.
4. Review any existing Child Support Order to ensure consistency with Section 8.
]