CHILD CUSTODY AND VISITATION AGREEMENT
(Texas Family Law – Texas Family Code Title 5)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
[// GUIDANCE: Use the “Find” function to locate bracketed placeholders and insert matter-specific information before execution.]
1. DOCUMENT HEADER
1.1 Title. Child Custody and Visitation Agreement (the “Agreement”).
1.2 Parties.
a. [Parent A Full Legal Name], an individual residing at [Address] (“Parent A”); and
b. [Parent B Full Legal Name], an individual residing at [Address] (“Parent B,” and together with Parent A, the “Parties,” and each, a “Party”).
1.3 Child(ren). The Parties are the biological/legal parents of the minor child(ren) identified below (each, a “Child,” collectively, the “Children”):
• Child 1: [Full Name], born [DOB]
• Child 2: [Full Name], born [DOB]
• [Add lines as needed]
1.4 Purpose and Consideration. The Parties desire to establish a comprehensive, enforceable parenting plan concerning conservatorship, possession, access, decision-making, and all related matters in the best interest of the Child(ren) (Tex. Fam. Code § 153.002). Mutual promises herein constitute good and valuable consideration.
1.5 Effective Date. This Agreement shall become effective on the later of (a) the date last signed, or (b) the date filed with the competent Texas state family court (the “Effective Date”).
1.6 Jurisdiction. This Agreement is governed by the laws of the State of Texas (“Governing Law”) and is intended for incorporation into a final order of [County Name] District Court, [Judicial District No.] (the “Court”).
2. DEFINITIONS
(The following definitions apply throughout this Agreement.)
“Alternate Possession Schedule” – A possession schedule that varies from the Standard Possession Order.
“Best Interest Factors” – The statutory and judicially recognized factors set forth in Texas Family Code Chapter 153 (including, without limitation, the Child(ren)’s emotional and physical needs, parental abilities, stability of each home, prior acts or omissions, and any other relevant factor).
“Conservatorship” – The legal rights, duties, and powers of a parent as defined in Tex. Fam. Code § 101.003.
“Court” – The state district court exercising jurisdiction over the matter.
“Holiday Schedule” – The allocation of possession during school holidays as set forth in Section 3.4.
“Relocation” – A proposed change of the primary residence of a Child outside the geographic restriction set forth in Section 3.6.
“Standard Possession Order” or “SPO” – The presumptive possession schedule codified in Tex. Fam. Code §§ 153.3101–153.317, as amended.
“Supervised Possession” – Possession of a Child in the presence of a mutually approved or court-appointed supervisor.
3. OPERATIVE PROVISIONS
3.1 Conservatorship.
a. Joint Managing Conservators. The Parties shall serve as Joint Managing Conservators of the Child(ren) in accordance with Tex. Fam. Code § 153.131.
b. Rights and Duties. The Parties shall share parental rights and duties except as specifically allocated in Section 3.2.
3.2 Decision-Making Authority.
a. Day-to-Day Decisions: Exercised by the parent in possession.
b. Educational Decisions: [Parent A/B/Both – select] shall have the exclusive right to make final educational decisions after good-faith consultation with the other parent.
c. Medical Decisions: Non-emergency medical decisions require mutual consent; emergency decisions may be made unilaterally by the parent in possession.
d. Passport & Travel: Issuance/renewal of passports requires written consent of both Parties. International travel is governed by Section 3.5.
3.3 Possession and Access Schedule.
a. Standard Possession Order. Unless otherwise stated, Parent B shall have possession pursuant to the SPO for children over three (3) years of age.
b. Children Under Three. Until each Child reaches three (3) years of age, the Parties shall follow the graduated schedule in Exhibit A.
c. Alternate Possession Schedule. The Parties may agree in writing to deviate from the SPO on a Child-by-Child basis.
3.4 Holiday Schedule.
a. Christmas/Winter Break: Even-numbered years – Parent A first half; odd-numbered years – Parent B first half.
b. Thanksgiving: Even years – Parent B; odd years – Parent A.
c. Mother’s Day/Father’s Day: Possession with the titular parent from 6:00 p.m. the preceding day until 6:00 p.m. the holiday.
d. Child’s Birthday: The parent not otherwise in possession shall have two (2) hours of possession on the Child’s birthday at a mutually agreed location.
3.5 Travel & Notice.
a. Domestic Travel. Either parent may travel with a Child within the continental U.S. without additional consent, provided 48-hour advanced written notice is given.
b. International Travel. Requires (i) written consent of the non-traveling parent at least thirty (30) days in advance, (ii) itinerary, and (iii) insurance information.
c. Contact Information. While traveling, the traveling parent shall provide a phone number and physical address where the Child(ren) may be reached.
3.6 Relocation Restrictions.
a. Geographic Restriction. The primary residence of each Child shall remain within [County Name] County, Texas, or contiguous counties unless otherwise agreed in writing or ordered by the Court.
b. Proposed Relocation. A parent seeking Relocation shall provide the other parent at least sixty (60) days’ prior written notice, including the proposed address and reasons for Relocation.
c. Objection & ADR. The non-relocating parent may file a written objection within thirty (30) days; the Parties shall first mediate the dispute before either seeks judicial relief pursuant to Tex. Fam. Code Chapter 156.
3.7 Communication.
a. Electronic Contact. The parent not in possession shall have reasonable electronic contact (video or phone) at [time parameters].
b. No Recording. Calls shall not be recorded absent written consent or court order.
3.8 Child Support & Expenses.
[// GUIDANCE: Insert or cross-reference concurrent child support order if applicable. If none, delete Section 3.8.]
4. REPRESENTATIONS & WARRANTIES
4.1 Capacity. Each Party represents that he or she is of legal age and has full authority to enter into this Agreement.
4.2 Full Disclosure. Each Party has fully disclosed any fact known to him or her that would materially affect the Child(ren)’s welfare.
4.3 No Impairment. No Party is subject to any order or agreement that would conflict with or impair this Agreement.
4.4 Compliance with Law. Each Party will comply with all applicable laws, including reporting requirements related to child abuse or neglect.
4.5 Survival. The representations and warranties survive execution and remain in effect for the term of this Agreement.
5. COVENANTS & RESTRICTIONS
5.1 Mutual Respect. Each Party shall foster a positive relationship between the Child(ren) and the other parent and shall not disparage the other parent in the presence of the Child(ren).
5.2 Information Sharing. Each parent shall be entitled to all school, medical, dental, psychological, and extracurricular information and records pertaining to the Child(ren).
5.3 Substance Use. No parent shall consume alcohol to excess or use illicit substances during possession or within twelve (12) hours prior thereto.
5.4 Firearms. All firearms in a parent’s home or vehicle shall be securely stored and inaccessible to the Child(ren).
5.5 Notification of Significant Events. A parent must notify the other within 24 hours of any significant illness, injury, or accident involving a Child.
5.6 Childcare Right of First Refusal. If a parent is unable to provide care for a Child for a period exceeding [___] hours during his or her scheduled possession, that parent shall first offer the other parent the opportunity to care for the Child before arranging third-party childcare.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute a default:
a. Willful violation of the possession schedule;
b. Removal of a Child outside geographic limits without consent or court order;
c. Interference with the other parent’s decision-making rights;
d. Material misrepresentation under Section 4.2.
6.2 Notice & Cure. The non-defaulting parent shall provide written notice specifying the default and allowing a cure period of ten (10) days, except in emergencies involving imminent harm to a Child.
6.3 Remedies.
a. Contempt. The non-defaulting parent may seek enforcement through contempt proceedings and request make-up possession time.
b. Injunctive Relief. The Court may grant temporary restraining orders or injunctions to protect the Best Interest Factors and maintain stability.
c. Attorney’s Fees. The prevailing party in any enforcement action shall be entitled to reasonable attorney’s fees and costs.
7. RISK ALLOCATION
7.1 Indemnification – Child Welfare Priority. Each parent (“Indemnifying Parent”) shall indemnify, defend, and hold harmless the other parent (“Indemnified Parent”) from and against any claims, damages, or liabilities arising from the Indemnifying Parent’s breach of Sections 5.3 (Substance Use), 5.4 (Firearms), or willful misconduct impacting the safety or welfare of a Child.
7.2 Insurance. Each parent shall maintain health, medical, and hospitalization insurance for the Child(ren) as available through employment or at reasonable cost, and shall provide proof of coverage annually.
7.3 Limitation of Liability. None. Nothing herein limits a parent’s liability for intentional misconduct, gross negligence, or violation of Texas Family Code provisions.
7.4 Force Majeure. Temporary inability to exchange the Child(ren) due to natural disasters, severe weather, or other force majeure events shall not constitute default, provided the affected parent promptly notifies the other and resumes compliance as soon as practicable.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement shall be construed and enforced in accordance with Texas Family Code and other applicable Texas law.
8.2 Forum Selection. Exclusive venue lies in the state district courts of [County Name], Texas.
8.3 Mediation. Except for emergencies or enforcement of existing orders, the Parties shall submit any dispute arising under this Agreement to mediation with a mutually agreed mediator before filing any motion with the Court.
8.4 Arbitration (Limited Availability). Binding arbitration of conservatorship or possession issues is permissible only if (a) the Parties execute a post-dispute arbitration agreement that complies with Tex. Fam. Code § 153.0071, and (b) the arbitral award is subject to the Court’s plenary power for confirmation, modification, or rejection.
8.5 Jury Waiver. Not applicable; issues of conservatorship and possession are tried to the Court.
8.6 Preservation of Injunctive Relief. Nothing in this Section limits either parent’s right to seek immediate injunctive relief to protect the Child(ren) or to request modification pursuant to Tex. Fam. Code Chapter 156.
9. GENERAL PROVISIONS
9.1 Amendment. Any modification of this Agreement must be (a) in writing, (b) signed by both Parties, and (c) incorporated into a subsequent order of the Court to be enforceable.
9.2 Waiver. Failure to enforce any provision is not a waiver of future enforcement.
9.3 Assignment. Parental rights and duties are personal and non-assignable, except as expressly permitted by law.
9.4 Severability. If any provision is declared unenforceable, the remainder shall be interpreted to fulfill the Parties’ intent and the Best Interest Factors.
9.5 Entire Agreement. This document constitutes the entire understanding between the Parties on the subject matter and supersedes all prior agreements, whether oral or written, pertaining thereto.
9.6 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts and by electronic signature, each of which is deemed an original and all of which together constitute one instrument.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth below.
| Parent | Signature | Date |
|---|---|---|
| Parent A: [Name] | ______ | __ |
| Parent B: [Name] | ______ | __ |
NOTARY ACKNOWLEDGEMENT
State of Texas )
County of [_] )
This instrument was acknowledged before me on ____, 20__, by [Parent A] and [Parent B].
Notary Public, State of Texas
My commission expires: _____
EXHIBIT A – GRADUATED POSSESSION SCHEDULE (Children Under Three)
[// GUIDANCE: Insert age-appropriate schedule consistent with Tex. Fam. Code § 153.254 and local court guidelines, e.g., incremental increases in overnight possession culminating in SPO at age three.]
[// GUIDANCE: Prior to filing, review local standing orders, verify county-specific requirements (e.g., parenting course completion), and ensure compliance with any domestic violence findings that may alter conservatorship presumptions.]