CHILD CUSTODY AND PARENTING TIME AGREEMENT

(New Jersey – Superior Court, Chancery Division, Family Part)

I. DOCUMENT HEADER

1. Parties
   a. [Parent A Full Legal Name] (“Parent A”)
   b. [Parent B Full Legal Name] (“Parent B”)

2. Child(ren)
   • [Child 1 Full Legal Name], [DOB]
   • [Additional Children as Applicable]

3. Effective Date – [Month Day, Year]

4. Jurisdiction & Venue – The Family Part of the Superior Court of New Jersey, [County] Vicinage (the “Court”).

5. Recitals
   WHEREAS, Parent A and Parent B are the natural/legal parents of the Child(ren);
   WHEREAS, the parties desire to establish a comprehensive plan for custody, parenting time, and decision-making that promotes the best interests of the Child(ren) in accordance with N.J. Stat. Ann. § 9:2-4; and
   WHEREAS, the parties intend this Agreement to be incorporated, but not merged, into any future Judgment of Divorce/Dissolution or Order for Custody (the “Judgment”), such that its terms shall remain contractual and enforceable;

NOW, THEREFORE, in consideration of the mutual promises herein, the parties agree as follows:

TABLE OF CONTENTS

1. Definitions
2. Custody Allocation
3. Parenting Time Schedule
4. Decision-Making Protocols
5. Exchanges, Transportation & Communication
6. Relocation & Travel
7. Child Support & Financial Responsibilities
8. Health Care, Education & Extracurricular Activities
9. Representations & Warranties
10. Covenants & Restrictions
11. Default, Modification & Remedies
12. Risk Allocation & Indemnification
13. Dispute Resolution
14. General Provisions
15. Execution Block

[// GUIDANCE: Update page numbers after final formatting if converting to PDF.]

1. DEFINITIONS

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

“Agreement” – This Child Custody and Parenting Time Agreement, including all schedules and future court-approved amendments.
“Best Interest Factors” – The statutory factors enumerated at N.J. Stat. Ann. § 9:2-4(c), as amended.
“Child Support Guidelines” – The New Jersey Child Support Guidelines codified in Appendix IX-A to the New Jersey Court Rules.
“Joint Legal Custody” – A shared allocation of parental responsibility for major decisions affecting the Child(ren) as described in Section 2.2.
“Major Decisions” – Choices concerning the Child(ren)’s health, education, religion, and general welfare.
“Parenting Time” – The periods during which a parent has physical custodial responsibility for the Child(ren).
“Permanent Relocation” – A change of the Child(ren)’s principal residence outside the State of New Jersey or more than [X] miles from [Current Municipality] within New Jersey.
“Right of First Refusal” – The obligation to offer the other parent temporary care of the Child(ren) before engaging a third-party caregiver for [minimum hours trigger] or more.

2. CUSTODY ALLOCATION

2.1 Physical Custody
a. Primary Residential Parent – [Parent A / Parent B] (“Primary Parent”).
b. Parent of Alternate Residence – The non-primary parent (“Alternate Parent”).

2.2 Legal Custody
The parties shall share Joint Legal Custody pursuant to N.J. Stat. Ann. § 9:2-4(a), requiring mutual consultation and good-faith agreement on all Major Decisions.

2.3 Best Interests Acknowledgment
The parties acknowledge that all provisions herein have been formulated with reference to the Best Interest Factors, including but not limited to:
• The parents’ ability to cooperate in matters concerning the Child(ren);
• The Child(ren)’s interaction with parents and siblings;
• Safety from abuse; and
• The Child(ren)’s educational and developmental needs.

[// GUIDANCE: Insert additional statutory factors if counsel deems any uniquely salient to the family’s circumstances.]

3. PARENTING TIME SCHEDULE

3.1 Regular Weekday/Weekend Schedule
• Alternate Parent shall exercise parenting time every [e.g., Wednesday overnight and alternating Friday at 6:00 p.m. to Sunday at 6:00 p.m.].
• Exchanges shall occur at [location] unless mutually agreed otherwise.

3.2 Holiday Schedule (Supersedes Regular Schedule)
Rotate holidays in even/odd calendar years as set forth below:

3.3 School Vacations & Summer Schedule
a. Each parent shall have [two non-consecutive] weeks of uninterrupted summer parenting time upon [April 1] written notice.
b. Spring Break alternates annually beginning [2025] with Parent A.

3.4 Right of First Refusal
If either parent requires childcare for [8+] consecutive hours during their Parenting Time, that parent shall first offer the time to the other parent.

3.5 Make-Up Parenting Time
Canceled time for reasons other than the Alternate Parent’s fault shall be rescheduled within [30] days.

4. DECISION-MAKING PROTOCOLS

4.1 Major Decisions – The parents shall confer in person, by phone, or secure electronic means and endeavor to reach mutual agreement.

4.2 Day-to-Day Decisions – The parent exercising Parenting Time has authority for routine matters.

4.3 Deadlock Procedure – If consensus on a Major Decision is not reached within [10] days:
a. The matter shall first be submitted to [Mediator/Parenting Coordinator];
b. Failing resolution, either parent may seek an expedited hearing before the Court.

5. EXCHANGES, TRANSPORTATION & COMMUNICATION

5.1 Exchange Etiquette – Parents shall arrive on time, remain neutral in demeanor, and avoid conflict in the Child(ren)’s presence.

5.2 Transportation Responsibility –
• Pick-up: [Receiving Parent]
• Drop-off: [Delivering Parent]

5.3 Electronic Contact – Each parent may have reasonable telephone, video, or text contact not to exceed [15] minutes per evening when the Child(ren) are with the other parent, respecting bedtime routines.

6. RELOCATION & TRAVEL

6.1 Permanent Relocation – Neither parent shall effect a Permanent Relocation of the Child(ren) without:
a. Written consent of the other parent; or
b. Court authorization pursuant to N.J. Stat. Ann. § 9:2-2.

6.2 Notice – A parent proposing Permanent Relocation must provide at least [60] days’ written notice detailing the new residence, schools, and a revised parenting plan.

6.3 Vacation Travel –
• Domestic travel outside [Tri-State Area]: [30] days’ prior written notice;
• International travel: [90] days’ prior written notice, itinerary, and reciprocal notarized travel consent.

7. CHILD SUPPORT & FINANCIAL RESPONSIBILITIES

7.1 Child Support – Shall be determined separately in accordance with the Child Support Guidelines and memorialized in a Support Order to be incorporated into the Judgment.

7.2 Extraordinary Expenses – The parties shall share, pro rata to their net incomes, costs for:
a. Work-related childcare;
b. Unreimbursed medical/dental/vision expenses;
c. Agreed extracurricular activities.

7.3 Life Insurance – Each parent shall maintain life insurance in the minimum face amount of [Dollar Amount], naming the Child(ren) as irrevocable beneficiaries, with proof provided annually.

8. HEALTH CARE, EDUCATION & EXTRACURRICULAR ACTIVITIES

8.1 Health Insurance – [Parent A / Parent B] shall maintain primary health coverage; the other parent shall reimburse [X %] of premiums if coverage is employer-provided at additional cost.

8.2 Medical Records – Both parents shall have equal access under HIPAA.

8.3 Education – The Child(ren) shall remain enrolled at [School District] unless otherwise agreed in writing or ordered by the Court.

8.4 Extracurricular Participation – Enrollment requires mutual consent if annual cost exceeds [$____].

9. REPRESENTATIONS & WARRANTIES

9.1 Capacity – Each parent represents that he/she has full legal capacity to enter this Agreement.

9.2 No Impairment – Each parent warrants that no current restraining order or pending criminal charge limits his/her custodial rights, except as disclosed in Schedule 9.2 [attach if applicable].

9.3 Accuracy of Financial Disclosures – Each parent acknowledges that any financial information exchanged for support calculations is true and complete to the best of his/her knowledge.

[// GUIDANCE: Attach CIS (Case Information Statement) or equivalent disclosure schedules if required.]

10. COVENANTS & RESTRICTIONS

10.1 Non-Disparagement – Parents shall refrain from derogatory remarks about the other parent in the Child(ren)’s presence.

10.2 Substance Use – No parent shall consume alcohol or non-prescribed controlled substances within [X] hours prior to or during Parenting Time.

10.3 Firearms – Firearms shall be stored unloaded and locked in compliance with N.J. firearms regulations; ammunition stored separately.

10.4 Information Sharing – Each parent shall provide the other with updated addresses, phone numbers, and emergency contacts within [72] hours of any change.

11. DEFAULT, MODIFICATION & REMEDIES

11.1 Events of Default – Material breach of Sections 3–6 or 10 constitutes default.

11.2 Cure Period – The non-defaulting parent shall give written notice; the defaulting parent has [10] days to cure.

11.3 Remedies –
a. Mediation per Section 13;
b. Application to the Court for enforcement, contempt sanctions, attorneys’ fees, make-up Parenting Time, modification, or any relief deemed equitable;
c. Emergency relief without notice where the Child(ren)’s safety is at risk.

11.4 Modification – Any substantive change to custody or Parenting Time must (i) be in writing, (ii) signed by both parents, and (iii) approved by the Court to be enforceable.

12. RISK ALLOCATION & INDEMNIFICATION

12.1 Child Welfare Priority – Each parent shall indemnify, defend, and hold harmless the other from any liability, claim, or governmental proceeding arising from that parent’s failure to safeguard the Child(ren)’s physical or emotional welfare during his/her Parenting Time.

12.2 Limitation of Liability – The parties acknowledge that caps on liability are inappropriate in matters concerning child welfare; therefore, no limitation shall apply to obligations under Section 12.1.

[// GUIDANCE: Section 12.1 is narrowly drafted to address the metadata requirement while respecting public-policy constraints against contracting away child-safety obligations.]

13. DISPUTE RESOLUTION

13.1 Governing Law – This Agreement shall be governed by the laws of the State of New Jersey.

13.2 Forum Selection – The Court retains exclusive, continuing jurisdiction.

13.3 Mediation – Except in emergencies, the parties shall submit disputes arising under Sections 3–6 to mediation with [Name/Agency] before filing a motion.

13.4 Arbitration – Financial disputes ancillary to custody (e.g., allocation of unreimbursed medical expenses) may be submitted to binding arbitration under the New Jersey Arbitration Act, N.J. Stat. Ann. §§ 2A:23B-1 et seq., by mutual written consent; custody determinations remain non-arbitrable.

13.5 Jury Waiver – The parties acknowledge that custody matters are triable before the Court without a jury pursuant to N.J. Ct. R. 5:1-4.

13.6 Injunctive Relief – Nothing herein limits either parent’s right to seek emergent relief to protect the Child(ren) or enforce this Agreement.

14. GENERAL PROVISIONS

14.1 Amendment & Waiver – No waiver of any provision shall be effective unless in writing and approved by the Court.

14.2 Assignment – Parental rights and obligations are personal and non-assignable.

14.3 Severability – If any term is held unenforceable, the remainder shall be construed to effectuate the parties’ intent to the fullest lawful extent.

14.4 Entire Agreement – This document constitutes the complete agreement on custody and parenting time, superseding all prior oral or written agreements.

14.5 Counterparts & Electronic Signatures – This Agreement may be executed in counterparts, each deemed an original; electronic signatures are acceptable under N.J. Stat. Ann. § 12A:12-7.

14.6 Successors & Assigns – This Agreement binds the parties and their heirs, administrators, and permitted assigns.

15. EXECUTION BLOCK

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

[Optional Attorney Acknowledgment]
I, the undersigned attorney for [Parent A], certify that I have explained the terms and legal consequences of this Agreement to my client.

[Attorney for Parent A] | Date

[Repeat for Parent B’s counsel]

[Notary Block – add if local practice or future recording requires.]

[// GUIDANCE:
1. File an original signed copy with the Court for incorporation into the Judgment or for entry as a stand-alone Consent Order.
2. Update Child Support amounts via CIS and guideline worksheet prior to submission.
3. Review domestic violence history; if an active Final Restraining Order exists, integrate approved contact protocols.
4. Confirm compliance with any standing orders or parenting time guidelines issued by the county Vicinage.]