Child Custody & Parenting Agreement

(South Carolina – Family Court Jurisdiction)

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

This CHILD CUSTODY & PARENTING AGREEMENT (the “Agreement”) is entered into and made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

1. [FULL LEGAL NAME – PARENT 1], residing at [ADDRESS] (“Parent 1”)
2. [FULL LEGAL NAME – PARENT 2], residing at [ADDRESS] (“Parent 2”)

(Each, a “Parent” and collectively, the “Parents”).

RECITALS

A. The Parents are the natural/legal parents of the minor child(ren) listed in Section II below (each, a “Child,” collectively, the “Children”).
B. South Carolina law recognizes that the best interest of the child is the controlling consideration in all custody determinations. See S.C. Code Ann. § 63-15-240(B).
C. The Parents desire to set forth their mutual agreement regarding legal custody, physical custody, parenting time, decision-making authority, and related matters, and intend that this Agreement be incorporated into any subsequent order of the Family Court of the State of South Carolina for [COUNTY] (the “Family Court”).

NOW, THEREFORE, in consideration of the mutual covenants herein and for 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 shall have the meanings set forth below; terms not defined herein shall be given their ordinary legal meaning.

“Agreement” – This Child Custody & Parenting Agreement, as the same may be amended from time to time.

“Best Interest Factors” – The factors enumerated in S.C. Code Ann. § 63-15-240(B), including but not limited to the Child’s temperament, developmental needs, each Parent’s capacity to understand and meet those needs, the preferences of older Children, domestic violence history, and any other factor the Court considers relevant.

“Child” or “Children” – The minor child(ren) of the Parents:
• [CHILD 1 NAME], born [DOB]
• [CHILD 2 NAME], born [DOB]
(Add additional lines as needed.)

“Custodial Parent” – The Parent with whom the Child is scheduled to reside for the majority of overnights in a calendar year, as determined under Section III.B.

“Legal Custody” – The right and obligation to make major decisions affecting a Child’s welfare, including decisions regarding education, health care, religion, and extracurricular activities.

“Parenting Time” – Scheduled periods during which a Parent is entitled to physical custody and care of the Child, as detailed in Section III.C.

“Relocation” – A change in a Parent’s principal residence that would: (i) move the Child more than 50 miles from the Child’s residence as of the Effective Date, or (ii) move the Child outside the State of South Carolina.

[// GUIDANCE: Expand or modify definitions to reflect the family’s particular circumstances.]

III. OPERATIVE PROVISIONS

A. Legal Custody
1. Joint Legal Custody. The Parents shall share joint legal custody of the Children. Each Parent shall confer with the other and strive to reach consensus on major decisions affecting the Children.
2. Decision-Making Protocol.
a. Education – [ALLOCATE: e.g., Joint / Parent 1 primary]
b. Non-emergency Health Care – [ALLOCATE]
c. Emergency Health Care – Either Parent may act unilaterally in an emergency; the acting Parent shall notify the other Parent within [NUMBER] hours.
d. Religion – [ALLOCATE]
e. Extracurricular Activities – [ALLOCATE]

B. Physical Custody & Primary Residence
1. Primary Residence. The Children’s primary residence shall be with [IDENTIFY PARENT OR “shared equally”].
2. School District. The Children shall attend public school in [DISTRICT/COUNTY], unless both Parents agree in writing to an alternative.

C. Parenting Time Schedule
1. Regular Weekday/Weekend Schedule
• Parent 1: [DAY/TIME] to [DAY/TIME]
• Parent 2: [DAY/TIME] to [DAY/TIME]
[// GUIDANCE: Use a table or bullet schedule to avoid ambiguity.]

2. Holiday Schedule (overrides Regular Schedule)
   a. Odd-numbered years – Parent 1 shall have: Thanksgiving, Child’s Spring Break, and the first half of Winter Break.
   b. Even-numbered years – Parent 2 shall have the same.
   c. Mother’s Day/Father’s Day – The respective Parent shall have the Children from [START TIME] to [END TIME].

3. Summer Schedule
   Each Parent shall have [NUMBER] consecutive weeks of uninterrupted Parenting Time during the summer break, with written notice to the other Parent by [DATE] each year.

4. Make-Up Time
   Missed Parenting Time due to a Parent’s fault shall be made up within [NUMBER] days on mutually agreeable dates. Parenting Time missed due to the Child’s illness shall not require make-up unless agreed in writing.

D. Transportation & Exchanges
1. Pick-Up/Drop-Off Location – [SPECIFY]
2. Responsibility – The Parent beginning his/her Parenting Time shall provide or arrange transportation unless otherwise agreed.
3. Timeliness – A grace period of [15] minutes shall be allowed. Chronic lateness may constitute a material breach.

E. Communication
1. Direct Child-Parent Contact. Each Parent shall be entitled to [e.g., one] call or video chat per day during the other Parent’s Parenting Time at a reasonable hour.
2. Co-Parent Communications. Non-emergency matters shall be communicated through [e.g., agreed co-parenting app / email]. Communications shall be respectful and child-focused.

F. Child Support & Expenses
[// GUIDANCE: Custody agreements often reference but do not set support; if support is being included, align with SC Child Support Guidelines.]
1. Base Child Support. The Parents acknowledge that child support will be set by separate order or agreement in accordance with the South Carolina Child Support Guidelines.
2. Extraordinary Expenses. The Parents shall share uninsured medical, dental, and extracurricular expenses [PRO RATA BY INCOME / 50-50], with reimbursement due within [30] days of receipt of documentation.

G. Health Insurance
[IDENTIFY PARENT] shall maintain comprehensive medical, dental, and vision insurance for the Children as long as available at a reasonable cost.

H. Tax Dependency Exemption
The Parents shall alternate the federal and state dependency exemptions for each Child beginning tax year [YEAR], with Parent 1 claiming in even-numbered years and Parent 2 in odd-numbered years, conditioned upon each Parent being current on child support obligations as of December 31 of the relevant year.

I. Relocation
1. Notice Requirement. A relocating Parent shall provide written notice via certified mail at least [90] days before Relocation. The notice shall state the intended new residence, reasons for Relocation, and a proposed revised Parenting Plan.
2. Consent/Objection. The non-relocating Parent shall respond within [30] days. Absent written consent, the Parents shall mediate; if unresolved, either Parent may petition the Family Court for modification.
3. Burden of Proof. The relocating Parent bears the burden of establishing that the Relocation is in the Child’s best interest, considering the Best Interest Factors.

J. Passport & Travel
Neither Parent shall apply for a Child’s passport, or travel internationally with a Child, without the written consent of the other Parent or order of the Family Court.

K. Records & Information Access
Each Parent shall have equal rights to school, medical, psychological, law-enforcement, and extracurricular records, absent a court order to the contrary.

IV. REPRESENTATIONS & WARRANTIES

1. Authority. Each Parent represents that he or she has full legal authority to enter into this Agreement and that no other court order currently conflicts with its terms.
2. Disclosure. Each Parent represents that there are no pending criminal charges, investigations, or founded DSS (Department of Social Services) findings involving the Children except as disclosed in [SCHEDULE A] (if any).
3. No Impairment. Each Parent warrants that he or she is not under the influence of substances that would impair judgment while caring for the Children.
4. Survival. The representations and warranties herein shall survive execution and incorporation into a court order.

V. COVENANTS & RESTRICTIONS

1. Non-Disparagement. Neither Parent shall disparage the other in the presence of the Children or permit third parties to do so.
2. Substance Use. Neither Parent shall consume alcohol to excess or use illegal drugs during or within [12] hours prior to Parenting Time.
3. Firearms. Firearms in a Parent’s possession shall be stored unloaded and locked, with ammunition stored separately.
4. Notification of Significant Events. Each Parent shall notify the other within [24] hours of any material injury, illness, or emergency involving a Child.
5. Right of First Refusal. If a Parent is unable to exercise Parenting Time for a period exceeding [8] hours, that Parent shall first offer the time to the other Parent before engaging alternative child care.
6. Address/Phone Changes. Each Parent shall provide the other with any change in residence or primary telephone number within [48] hours.

VI. DEFAULT & REMEDIES

1. Events of Default. A Parent shall be in default if he or she:
   a. Willfully denies court-ordered Parenting Time without good cause;
   b. Fails to provide required notices under Section III.I (Relocation);
   c. Violates a material covenant (e.g., Section V.2 Substance Use).
2. Notice & Cure. The non-defaulting Parent shall deliver written notice specifying the default. The defaulting Parent shall have [10] days to cure, except that denial of Parenting Time must be remedied immediately through make-up time.

3. Graduated Remedies.
   a. Mediation (mandatory first step)
   b. Contempt Motion in Family Court, including makeup time, attorney’s fees, and possible sanctions
   c. Temporary modification of custody or Parenting Time if necessary to protect the Children’s welfare

4. Attorney’s Fees & Costs. The prevailing Parent in any enforcement action shall be entitled to reasonable attorney’s fees and costs as determined by the Family Court.

VII. RISK ALLOCATION

A. Indemnification (Child Welfare Priority)
Each Parent (“Indemnifying Parent”) shall indemnify, defend, and hold harmless the other Parent and the Children from and against any claims, losses, damages, or liabilities (including reasonable attorney’s fees) arising out of or related to:
1. The Indemnifying Parent’s material breach of this Agreement; or
2. The Indemnifying Parent’s negligent, reckless, or intentional misconduct that endangers a Child.

B. Limitation of Liability
Not applicable. Nothing herein shall limit either Parent’s liability for violations affecting the welfare or safety of the Children.

C. Insurance
Each Parent shall maintain homeowners or renters liability insurance with minimum coverage of [$___] and, if transporting the Children, automobile liability insurance meeting or exceeding South Carolina statutory minimums.

D. Force Majeure
Parenting Time may be temporarily suspended when prevented by force majeure events (e.g., natural disasters, government-issued evacuation orders). The Parents shall cooperate in good faith to create a makeup schedule as soon as practicable.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict-of-law principles.
2. Exclusive Forum. The Family Court for [COUNTY], South Carolina, shall have exclusive jurisdiction over all matters arising under or related to this Agreement.
3. Mediation Requirement. Except in emergencies, the Parents shall submit any dispute concerning interpretation, implementation, or modification of this Agreement to mediation with a certified South Carolina family mediator before petitioning the Court.
4. Arbitration. By statutory limitation and public policy, custody matters are not subject to binding arbitration; therefore, arbitration under this Agreement is limited to ancillary financial disputes, if any, and only with both Parents’ written consent.
5. Injunctive Relief. Nothing in this Section shall limit a Parent’s right to seek immediate injunctive or emergency relief from the Family Court to protect a Child’s safety or welfare.
6. Jury Waiver. Not applicable—South Carolina Family Court proceedings are bench trials.

IX. GENERAL PROVISIONS

1. Amendment & Waiver. Any amendment or waiver shall be in a written instrument signed by both Parents and, if required, approved by the Family Court. No waiver of a breach shall be deemed a waiver of any subsequent breach.
2. Assignment & Delegation. Neither Parent may assign rights or delegate duties under this Agreement, except that reasonable, temporary child-care arrangements (e.g., babysitters, grandparents) are permitted.
3. Successors & Assigns. This Agreement shall bind and inure to the benefit of the Parents and their respective heirs, legal representatives, and permitted assigns.
4. Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to effectuate the original intent.
5. Integration/Merger. This Agreement contains the entire understanding of the Parents regarding custody and parenting matters and supersedes all prior negotiations and agreements on these subjects.
6. Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Electronic signatures and facsimile copies shall be deemed originals.
7. Acknowledgement of Best Interest Factors. The Parents have reviewed the Best Interest Factors set forth in S.C. Code Ann. § 63-15-240(B) and affirm that this Agreement promotes the Children’s overall welfare.

X. EXECUTION BLOCK

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

[// GUIDANCE: South Carolina does not require notarization of private custody agreements, but the Family Court may require notarized signatures or verification upon filing. Consider adding a notary block below if local practice so dictates.]

OPTIONAL NOTARY ACKNOWLEDGMENT

State of South Carolina )
County of [__] )

The foregoing instrument was acknowledged before me this ___ day of __, 20, by [PARENT 1] and [PARENT 2].

Notary Public for South Carolina
My Commission Expires: _______

[// GUIDANCE:
1. File this Agreement with the Clerk of the Family Court in the county of venue and move for incorporation (but not merger) into a Final Custody Order to ensure enforceability.
2. Confirm that any child support provisions align precisely with the latest South Carolina Child Support Guidelines worksheets.
3. Revisit Relocation provisions periodically; statutory or case-law changes may affect notice periods and burdens of proof.
4. Maintain consistent capitalization of defined terms, and verify all bracketed placeholders are completed before execution.]