Child Custody Agreement - Ohio

CHILD CUSTODY AND PARENTING-TIME AGREEMENT

(Ohio - Comprehensive Template)

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Allocation of Parental Rights and Responsibilities
   3.2 Parenting-Time Schedule
   3.3 Holiday & Special Day Schedule
   3.4 Vacation & Travel
   3.5 Transportation & Exchange Logistics
   3.6 Decision-Making Authority
   3.7 Communication & Information-Sharing
   3.8 Relocation
   3.9 Right of First Refusal
   3.10 Child Support and School Placement

4. Representations & Warranties

5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Parties. This Child Custody and Parenting-Time Agreement (“Agreement”) is entered into by and between [PARENT A LEGAL NAME] (“[Mother/Father/Parent A]”) and [PARENT B LEGAL NAME] (“[Mother/Father/Parent B]”) (each a “Parent” and, collectively, the “Parents”).

1.2 Minor Child(ren). The Parents are the biological/legal parents of the following minor child(ren) (each a “Child,” collectively the “Children”):

1.3 Effective Date. This Agreement is effective as of [EFFECTIVE DATE] (“Effective Date”).

1.4 Governing Law; Jurisdiction. This Agreement is governed by the domestic-relations laws of the State of Ohio, including but not limited to Ohio Rev. Code Ann. §§ 3109.04, 3109.051 (“Ohio Family Law”). Exclusive jurisdiction and venue lie in the [NAME] County Court of Common Pleas, Domestic Relations Division, or such successor court having competent jurisdiction (“Court”).

1.5 Purpose & Consideration. The Parents desire to allocate parental rights and responsibilities in a manner consistent with the best interests of the Child(ren) and to create an enforceable parenting plan that may be submitted to the Court for incorporation into a final judgment. Mutual promises herein constitute good and sufficient consideration.

2. DEFINITIONS

For ease of reference, the following capitalized terms are used throughout this Agreement:

“Alternate Week Parenting Time” – a schedule under which the Child(ren) reside primarily with one Parent during Week 1 and with the other Parent during Week 2, repeating continuously.

“Best Interest Factors” – the statutory factors set forth in Ohio Rev. Code Ann. § 3109.04(F)(1), as amended.

“Child” or “Children” – each minor listed in § 1.2 until the earlier of emancipation under Ohio law or further order of the Court.

“Court” – the tribunal identified in § 1.4, or any successor tribunal exercising jurisdiction over custody matters concerning the Child(ren).

“Holiday Schedule” – the allocation of parenting time for holidays and special days established in § 3.3.

“Legal Custody” – the right and responsibility to make major decisions regarding the Child(ren)’s welfare, education, health, and religious upbringing.

“Mediation” – a confidential, non-binding dispute-resolution process facilitated by a neutral third party.

“Parenting Time” – in-person custodial time, telephone/video contact, or other interaction between a Parent and the Child(ren).

“Relocation” – a Parent’s move to a residence other than the residence specified for that Parent in the current Court order, regardless of distance. Apply the filing duties in § 3.8 according to the Parent’s status and the Court order.

3. OPERATIVE PROVISIONS

3.1 Allocation of Parental Rights and Responsibilities

3.1.1 Physical Custody. The Parents agree to [Joint / Sole] physical custody in accordance with the Parenting-Time Schedule in § 3.2.

3.1.2 Legal Custody. The Parents agree to [Joint / Sole to Parent A / Sole to Parent B] Legal Custody. When joint, Parents shall consult and attempt mutual agreement on Major Decisions. In the event of impasse, [Parent A/Parent B] shall have tie-breaking authority limited to that specific decision.

3.1.3 Best-Interest Compliance. The terms herein were crafted in consideration of the Best Interest Factors. Neither Parent shall act in any manner that is materially inconsistent with the Child(ren)’s best interests.

3.2 Parenting-Time Schedule

Regular Weekday/Weekend Schedule:

3.2.1 Right to Telephone/Video Contact. Each Parent shall be entitled to reasonable telephonic or electronic communication of at least [15] minutes per day during the other Parent’s Parenting Time, subject to the Child(ren)’s schedule.

3.3 Holiday & Special Day Schedule

Holidays supersede the Regular Schedule. Unless otherwise agreed in writing:

3.3.1 Child’s Birthday. The non-custodial Parent on the Regular Schedule may enjoy [2] hours of uninterrupted Parenting Time commencing at [TIME].

3.4 Vacation & Travel

3.4.1 Annual Vacation. Each Parent may exercise up to [2] non-consecutive weeks of vacation with the Child(ren) per calendar year, with no more than [14] days’ continuous absence. Written notice (email permissible) shall be provided at least [30] days in advance.

3.4.2 Out-of-State Travel. Travel outside Ohio exceeding [48] consecutive hours requires advance notification including itinerary, lodging, and emergency contacts.

3.5 Transportation & Exchange Logistics

3.5.1 Pick-Up and Drop-Off. The [receiving / delivering] Parent shall provide transportation unless otherwise agreed.

3.5.2 Delays. A Parent delayed more than [15] minutes shall promptly notify the other Parent; failure to provide notice constitutes an Event of Default under § 6.1(a).

3.6 Decision-Making Authority

a. Educational Decisions – [Joint / Parent X]
b. Non-Emergency Medical Decisions – [Joint / Parent X]
c. Mental-Health Treatment – [Joint / Parent X]
d. Religious Training – [Joint / Parent X]

For school enrollment, the residential parent for school placement purposes shall be [Parent A / Parent B] for [CHILD NAME(S)], subject to the Court's approval. This designation does not change the shared parenting allocation in this Agreement.

Emergency medical care may be obtained unilaterally; the treating Parent shall notify the other Parent within [2] hours.

3.7 Communication & Information-Sharing

3.7.1 Records Access. Subject to the Court order and applicable law, each Parent may request and inspect records related to the Child(ren), including school, medical, child-care, and extracurricular records. The Parents shall cooperate in identifying each other to record keepers where permitted. Ohio Rev. Code §§ 3109.051(H), 3319.321(B)(5)(a); see also the records-access provision of Supreme Court of Ohio Uniform Domestic Relations Form 20. FERPA, 20 U.S.C. § 1232g, governs education records only.

3.7.2 Co-Parenting Software. Parents shall utilize [OurFamilyWizard / AppClose / Not Required] for scheduling, messaging, and document exchange.

3.8 Relocation

3.8.1 Statutory Notice. A residential Parent intending to move from the residence specified in the parenting-time order shall file a Notice of Intent to Relocate with the Court under Ohio Rev. Code § 3109.051(G)(1). If the approved shared-parenting plan requires either Parent to file upon moving, each shall follow that order. Subject to the safety exceptions in § 3109.051(G)(2)–(4), the Court sends a copy to the other Parent. Each Parent shall also provide the other Parent written address and telephone updates as the Court order requires. See Supreme Court of Ohio Uniform Domestic Relations Form 20, Part J.

3.8.2 Modification Review. Either Parent may petition the Court for modification of this Agreement upon receipt or filing of such notice.

3.9 Right of First Refusal

If a Parent requires child-care for a period exceeding [8] consecutive hours during that Parent’s scheduled Parenting Time, the other Parent shall be offered the opportunity to care for the Child(ren) before any third-party caregiver is engaged.

3.10 Child Support and School Placement

The Parents shall submit a completed Ohio Child Support Worksheet with this Agreement. The proposed monthly child support is $[________], payable by [Parent A / Parent B] beginning [DATE], subject to the Court's calculation and order. Any agreed deviation and its reasons shall be stated in the proposed support order: [DETAILS OR NONE]. School placement for each child is designated in § 3.6.

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity & Authority. Each Parent represents that:
a. He or she is a fit and proper person to have custodial responsibilities;
b. No restraining order or pending criminal charge prohibits contact with the Child(ren);
c. The execution and performance of this Agreement do not violate any existing court order.

4.2 Continuing Duty of Disclosure. Each Parent shall promptly disclose any circumstance that would materially affect the Child(ren)’s welfare, including criminal investigations or CPS inquiries.

4.3 Survival. The representations and warranties in this § 4 survive execution and remain in effect until further order of the Court.

5. COVENANTS & RESTRICTIONS

5.1 Positive Co-Parenting. Parents shall foster the love, affection, and respect of the Child(ren) toward the other Parent and shall refrain from disparaging the other Parent in the presence or hearing of the Child(ren).

5.2 Substance Use. Neither Parent shall consume or be under the influence of alcohol or illegal substances during Parenting Time or within [8] hours preceding an exchange.

5.3 Firearms. All firearms shall be stored unloaded and locked in compliance with applicable law during Parenting Time.

5.4 Notice of Health Issues. Material health concerns shall be communicated to the other Parent within [24] hours.

5.5 Compliance with Court Orders. Parents agree to abide by any subsequent orders of the Court, including standing parenting-time orders applicable in the jurisdiction.

6. DEFAULT & REMEDIES

6.1 Events of Default

The following constitute an “Event of Default”:
a. Failure to comply with the Parenting-Time Schedule without good cause;
b. Concealment or wrongful retention of the Child(ren);
c. Violation of Relocation provisions;
d. Material breach of Representations or Covenants.

6.2 Notice & Cure

Except for emergency circumstances endangering the Child(ren), the non-defaulting Parent shall give written notice specifying the breach and allow [72] hours to cure.

6.3 Remedies

a. Immediate court intervention, including ex-parte relief where warranted;
b. Compensatory Parenting Time equivalent to lost time;
c. Contempt sanctions, including attorney fees per § 6.4;
d. Any other relief deemed equitable by the Court.

6.4 Attorney Fees & Costs. A Parent prevailing in an enforcement action arising from an Event of Default shall be entitled to reasonable attorney fees and court costs.

7. RISK ALLOCATION

7.1 Child-Welfare Priority Indemnification. Each Parent (“Indemnifying Parent”) shall indemnify, defend, and hold the Child(ren) and the other Parent (“Indemnified Party”) harmless from and against any claims, damages, or liabilities arising directly from the Indemnifying Parent’s intentional misconduct, abuse, or neglect of the Child(ren). This indemnification is uncapped and survives termination of this Agreement. Nothing herein limits the Court’s contempt or criminal jurisdiction.

7.2 No Limitation of Liability. Consistent with the paramount interest of child welfare, no Party seeks to limit liability for intentional or grossly negligent conduct toward the Child(ren).

7.3 Health Care Coverage. The Parent designated in the Court's child support and health care order shall obtain and maintain the coverage ordered for the Child(ren), including any private coverage found accessible and available at reasonable cost under that order. If coverage changes, the Parents shall follow the order's notice and proof requirements and request modification when needed. The Parent providing coverage shall give the other Parent the coverage information required by the order.

7.4 Force Majeure. Parenting-time obligations may be temporarily suspended for events beyond reasonable control (e.g., severe weather, pandemic restrictions) provided the affected Parent gives prompt notice and reschedules lost time within [30] days.

8. DISPUTE RESOLUTION

8.1 Good-Faith Negotiation. Parents shall first attempt to resolve disputes informally.

8.2 Mediation. Unresolved disputes shall be submitted to Mediation prior to court filing, except for emergencies or Events of Default requiring immediate judicial intervention.

8.3 Limited Arbitration. Subject to Ohio public policy, non-custody ancillary issues (e.g., transportation cost allocation) may be submitted to binding arbitration upon written agreement; custody or Parenting-Time issues remain under exclusive Court jurisdiction.

8.4 Injunctive Relief. Nothing in this Agreement limits either Parent’s right to seek immediate injunctive relief from the Court to protect the Child(ren) or enforce custodial rights.

8.5 Jury Waiver. The Parents acknowledge that custody matters are heard in domestic-relations court without jury and therefore waive any right to trial by jury to the extent such right might otherwise exist.

9. GENERAL PROVISIONS

9.1 Amendment; Waiver. Any modification must be in writing, signed by both Parents, and approved by the Court. A party’s waiver of breach is not a waiver of subsequent breaches.

9.2 Assignment. Parental rights under this Agreement are personal and non-assignable.

9.3 Successors. This Agreement binds and inures to the benefit of the Parents’ respective heirs, legal representatives, and permitted assigns.

9.4 Severability. If any provision is held unenforceable, the remainder shall be reformed to comply with applicable law while effectuating the Parties’ intent.

9.5 Integration. This Agreement, including any Exhibits, constitutes the entire understanding of the Parents regarding custody and parenting time, superseding all prior agreements.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original.

9.7 Filing with Court. The Parents shall jointly (or either Parent may individually) submit this Agreement to the Court for approval and incorporation into an order or decree.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parents have executed this Child Custody and Parenting-Time Agreement effective as of the date first written above.

___
State of Ohio )
County of [___]) ss:

The foregoing instrument was acknowledged before me this ___ day of __________, 20__, by [PARENT NAME].

____________________________________
Notary Public, State of Ohio
My Commission Expires: _____________

(Repeat acknowledgment for second Parent if required.)

OPTIONAL EXHIBITS

• Exhibit A – County-Specific Parenting Time Guidelines
• Exhibit B – Health Insurance Card Copy
• Exhibit C – School/Activity Calendar

[End of Template]