Child Custody and Parenting Plan Agreement

(State of Nebraska – Family Court Jurisdiction)

[// GUIDANCE: Insert this template into firm letterhead or pleading paper if required by local court rules.]

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. Title. Child Custody and Parenting Plan Agreement (the “Agreement”).
2. Parties.
   a. “[PARENT 1 FULL LEGAL NAME]” (“Parent 1”) – [Relationship to Child]
   b. “[PARENT 2 FULL LEGAL NAME]” (“Parent 2”) – [Relationship to Child]
3. Child(ren). Collectively, the minor child(ren) subject to this Agreement are:
   • [CHILD 1 FULL LEGAL NAME], born [DATE]
   • [Additional Child(ren) if any]
4. Effective Date. This Agreement becomes effective on the latest date of execution below (the “Effective Date”).
5. Jurisdiction & Venue. This Agreement is governed by Nebraska family law and subject to the exclusive jurisdiction of the District Court, [COUNTY] County, Nebraska, sitting as a court of equity in domestic relations matters (“Family Court”).

Recitals
A. The Parents were previously [married/domestic partners/never married] and seek to allocate parental responsibilities in a manner consistent with the best interests of the Child(ren).
B. The Parents have participated in mandatory parenting education and mediation as required under applicable Nebraska law.
C. The Parents desire to set forth a comprehensive parenting plan to minimize conflict, promote stability, and ensure the welfare of the Child(ren).
D. Consideration. Mutual promises herein constitute good and valuable consideration, the sufficiency of which is acknowledged.

II. DEFINITIONS

For ease of reference, capitalized terms have the meanings assigned below.

“Agreement” – This Child Custody and Parenting Plan Agreement including all Exhibits and Schedules.
“Best Interest Factors” – The statutory considerations applied by Nebraska courts to determine the Child(ren)’s best interests, including but not limited to the Child(ren)’s physical, emotional, and educational needs; each Parent’s capacity to meet those needs; the Child(ren)’s relationship with each Parent; and any history of domestic abuse.
“Holiday Schedule” – The allocation of parenting time during federal/state holidays as set forth in Exhibit B.
“Legal Custody” – Decision-making authority concerning the Child(ren)’s health, education, and general welfare.
“Parenting Time” – The period during which a Parent has physical custody of the Child(ren).
“Relocation” – A change in a Parent’s principal residence that would materially affect the Child(ren)’s relationship with the other Parent, typically a move outside the State of Nebraska or more than [X] miles from the current residence.
“School Break Schedule” – The allocation of parenting time during summer, winter, and spring breaks as set forth in Exhibit C.

[// GUIDANCE: Keep definitions alphabetical; add or delete as case-specific.]

III. OPERATIVE PROVISIONS

3.1 Legal Custody.
a. Joint Legal Custody. The Parents shall share Joint Legal Custody. Major decisions (education, non-emergency health care, religious upbringing, extracurricular activities) require mutual consent.
b. Tie-Breaker. If the Parents cannot agree after good-faith discussion, they shall first mediate (Section VIII) before either Parent petitions the Family Court for determination.

3.2 Physical Custody & Parenting Time.
a. Regular Schedule. Parenting Time shall follow the two-week template in Exhibit A (the “Regular Schedule”).
b. Transition Logistics. Exchanges occur at [LOCATION] at [TIME], with each Parent responsible for punctual delivery.
c. Holiday Schedule. Holiday parenting time supersedes the Regular Schedule.
d. School Break Schedule. School Break parenting time supersedes the Regular and Holiday Schedules.
e. Make-Up Time. Missed Parenting Time must be made up within [30] days unless otherwise agreed in writing.

3.3 Communication.
a. Parents shall maintain a respectful co-parenting communication platform (e.g., OurFamilyWizard®) for scheduling, expense sharing, and Child-related information.
b. Each Parent shall provide the Child(ren) reasonable telephonic/video contact with the other Parent.

3.4 Child Support.
a. Calculation. Child Support shall be determined pursuant to the Nebraska Child Support Guidelines and memorialized in a separate court-approved Order.
b. Direct Expenses. The Parents shall share uncovered medical, dental, vision, and extracurricular expenses in a [PERCENTAGE/PERCENTAGE] ratio.

3.5 Health Insurance. [PARENT 1/PARENT 2] shall maintain comprehensive health, dental, and vision insurance for the Child(ren). The other Parent shall be furnished proof of coverage annually.

3.6 Education & Records Access. Both Parents shall have equal, unrestricted access to school records, attend school events, and be listed as emergency contacts unless prohibited by the court.

3.7 Passport & Travel.
a. Neither Parent shall apply for or renew a passport for the Child(ren) without written notice to the other Parent.
b. Out-of-state travel exceeding [72] hours requires [14] days’ advance written notice, including itinerary and emergency contacts.

IV. REPRESENTATIONS & WARRANTIES

4.1 Capacity. Each Parent represents that he or she is mentally competent and not under duress or undue influence.
4.2 Full Disclosure. Each Parent has disclosed any material information impacting the Child(ren)’s safety and welfare, including prior criminal convictions or substantiated child abuse findings.
4.3 Best Interests. Each Parent warrants that the Agreement promotes the Child(ren)’s best interests.
4.4 No Conflicting Orders. No existing court order conflicts with this Agreement, or any such order will be superseded or modified concurrently.
4.5 Survival. The representations and warranties herein survive execution and remain in effect until modified by the Family Court.

V. COVENANTS & RESTRICTIONS

5.1 Non-Disparagement. Neither Parent shall disparage the other in the presence or hearing of the Child(ren).
5.2 Substance Use. Neither Parent shall consume alcohol to impairment or use illicit substances during Parenting Time or within [12] hours preceding exchanges.
5.3 Firearms. All firearms kept in a Parent’s home or vehicle shall be unloaded and locked in a secure container inaccessible to the Child(ren).
5.4 Relocation.
a. Notice. A Parent proposing Relocation must provide at least [90] days’ prior written notice specifying the anticipated move date, new address, reasons for relocation, and a proposed revised parenting plan.
b. Consent or Court Approval. Relocation may occur only with the written consent of the non-relocating Parent or the Family Court’s express authorization.
c. Burden of Proof. The relocating Parent bears the burden to demonstrate that Relocation serves the Child(ren)’s best interests and legitimate purpose.

5.5 Access to Information. Each Parent shall provide the other with:
• Current residential address, phone numbers, and email within [72] hours of any change;
• Medical provider information within [7] days of selection or change;
• School calendars and activity schedules upon receipt.

VI. DEFAULT & REMEDIES

6.1 Events of Default. Any of the following constitutes a default:
a. Persistent denial of Parenting Time (two or more documented violations within six months);
b. Failure to provide required Relocation notice;
c. Violation of substance-use covenant;
d. Material breach of any provision that endangers the Child(ren)’s welfare.

6.2 Notice & Cure. The non-defaulting Parent shall provide written notice describing the default and allow a [14]-day cure period, except where immediate harm is alleged.

6.3 Remedies. Upon uncured default, the non-defaulting Parent may, singly or in combination:
a. Seek expedited Family Court enforcement (contempt, modification, make-up Parenting Time);
b. Recover attorney fees and costs incurred to enforce this Agreement;
c. Request additional safeguards (e.g., supervised visitation, substance testing).

6.4 Emergency Relief. Nothing herein limits either Parent’s right to petition for emergency custody modification or protection orders where the Child(ren)’s safety is at imminent risk.

VII. RISK ALLOCATION

7.1 Indemnification – Child Welfare Priority. Each Parent agrees to indemnify, defend, and hold the other harmless from any third-party claims, liabilities, or expenses arising from the indemnifying Parent’s breach of this Agreement or negligent acts affecting the Child(ren); provided, however, that no indemnification shall impede the Family Court’s paramount concern for the Child(ren)’s welfare.

7.2 Limitation of Liability. Not applicable by mutual acknowledgment; parental obligations toward the Child(ren) are not subject to monetary caps.

7.3 Force Majeure. Parenting Time may be reasonably adjusted for events beyond a Parent’s control (natural disasters, public-health emergencies). The affected Parent shall notify the other within [24] hours and propose alternative arrangements within [7] days.

7.4 Insurance. Each Parent shall maintain homeowners or renters liability coverage with minimum limits of $[AMOUNT] and list the Child(ren) as insureds where applicable.

VIII. DISPUTE RESOLUTION

8.1 Parenting Coordinator / Mediation. Except in emergencies, the Parents shall attempt in good faith to resolve disputes through a qualified mediator or parenting coordinator prior to court intervention.

8.2 Arbitration – Limited Availability. Financial disputes ancillary to this Agreement (e.g., unreimbursed expenses) may be submitted to binding arbitration under the Nebraska Uniform Arbitration Act, provided:
a. The subject matter is arbitrable under state law;
b. The arbitrator’s award is subject to court review for compliance with the Child(ren)’s best interests.

8.3 Governing Law. Nebraska substantive and procedural law governs all matters arising under or relating to this Agreement.

8.4 Forum Selection. Exclusive venue lies with the Family Court specified in Section I.5.

8.5 Jury Waiver. Jury trials are unavailable in Nebraska domestic relations proceedings; any waiver is therefore unnecessary and deemed inapplicable.

8.6 Injunctive Relief Reservation. Nothing herein limits either Parent’s right to seek temporary restraining orders, protective orders, or other equitable relief to safeguard the Child(ren).

IX. GENERAL PROVISIONS

9.1 Amendments. Any modification must be in a writing signed by both Parents and approved by the Family Court to be effective.

9.2 Waiver. A waiver of any provision on one occasion is not a waiver on any subsequent occasion.

9.3 Assignment & Delegation. Parental rights and responsibilities under this Agreement are personal and non-assignable.

9.4 Successors & Assigns. This Agreement binds the Parents and their respective estates but creates no third-party beneficiary rights.

9.5 Severability. If any provision is held unenforceable, the remaining provisions shall be severed and interpreted to effectuate the Parties’ intent and the Child(ren)’s best interests.

9.6 Integration. This Agreement, together with the Exhibits, constitutes the entire understanding of the Parents regarding custody and supersedes all prior oral or written agreements.

9.7 Counterparts. The Agreement may be executed in multiple counterparts, each of which is deemed an original but all of which together constitute one instrument.

9.8 Electronic Signatures. Signatures transmitted by PDF, facsimile, or secure electronic signature platform are deemed original for all purposes.

X. EXECUTION BLOCK

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

[Optional Notary Acknowledgment – Nebraska]
State of Nebraska )
County of [_] ) ss.

On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [PARENT 1] and [PARENT 2], known to me or satisfactorily proven to be the individuals described herein and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed.

Notary Public
My Commission Expires: _____

EXHIBIT A – REGULAR PARENTING TIME SCHEDULE

[Insert detailed two-week rotation grid: e.g., Parent 1 Mondays–Thursdays, Parent 2 Thursdays–Mondays, with exchanges at Friday 6:00 p.m.]

EXHIBIT B – HOLIDAY SCHEDULE

1. Thanksgiving: Even-numbered years with Parent 1; odd-numbered years with Parent 2 (Wednesday 6 p.m. – Sunday 6 p.m.).
2. Christmas Eve/Day split or alternating arrangement.
3. Child(ren)’s Birthday(s): Time divided equally or alternated annually.
   [Add all federal/state holidays.]

EXHIBIT C – SCHOOL BREAK SCHEDULE

• Summer Break: Each Parent to have [X] consecutive weeks; selection alternates annually, notice by April 1.
• Winter Break: First half/second half alternates annually.
• Spring Break: Alternate annually or according to even/odd-year plan.

[// GUIDANCE: Adjust exhibits to align with local practice and family needs. File the executed Agreement with the court alongside required Parenting Plan forms.]