CHILD CUSTODY & PARENT-TIME AGREEMENT
(State of Utah)
[// GUIDANCE: This template is drafted to comply with current Utah family-law standards regarding custody, parent-time (“visitation”), and relocation. All bracketed items must be completed or revised by counsel before execution. Attach any required exhibits (e.g., detailed parent-time calendars) and file the fully executed Agreement with the appropriate Utah district court pursuant to Utah R. Civ. P. 101.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Custody Allocations
- Parent-Time Schedule
- Decision-Making Authority
- Transportation & Exchange Logistics
- Communication Protocols
- Relocation Procedures
- Health, Education, & Welfare Provisions
- Financial Obligations (Support & Expenses)
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title. This Child Custody & Parent-Time Agreement (“Agreement”) is entered into by and between [PARENT A FULL LEGAL NAME] (“Parent A”) and [PARENT B FULL LEGAL NAME] (“Parent B,” and together with Parent A, the “Parents”) with respect to the minor child(ren) listed below (each, a “Child,” collectively, the “Children”):
• [CHILD 1 NAME], born [DOB]
• [CHILD 2 NAME], born [DOB]
• [Add additional children as needed]
1.2 Effective Date. This Agreement is effective as of [EFFECTIVE DATE] (“Effective Date”).
1.3 Governing Law & Venue. This Agreement shall be governed by and construed in accordance with the domestic-relations laws of the State of Utah. Exclusive jurisdiction and venue for any action concerning this Agreement shall lie in the [NAME OF COUNTY] District Court, State of Utah (the “Family Court”).
1.4 Purpose & Consideration. The Parents enter into this Agreement to establish legally enforceable terms concerning custody, parent-time, and decision-making in the best interests of the Children, as required under Utah family-law standards. The mutual promises contained herein constitute good and sufficient consideration.
2. DEFINITIONS
For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Defined terms may be used in singular or plural form as the context requires.
“Agreement” has the meaning set forth in Section 1.1.
“Best Interests Factors” means the statutory considerations utilized by Utah courts to determine custody and parent-time arrangements, including but not limited to the Child’s emotional, physical, and developmental needs; the Parents’ capacities; and any history of abuse or neglect.
“Child” or “Children” has the meaning set forth in Section 1.1.
“Custodial Parent” means the Parent with primary physical custody as designated in Section 3.
“Joint Legal Custody” means shared decision-making authority on major issues affecting the Child, including medical, educational, and religious matters.
“Parent-Time” means the scheduled periods during which a Parent has physical care of the Child as outlined in Section 4 and any Exhibits.
“Relocation” means a proposed change in the Child’s primary residence that would move the Child more than 150 road miles from the other Parent’s residence (or such other distance as Utah law may set from time to time).
“Supervised Parent-Time” means parent-time that occurs in the presence of a neutral third party approved under Section 4.5.
3. CUSTODY ALLOCATIONS
3.1 Legal Custody. The Parents shall share Joint Legal Custody of the Children, subject to the decision-making protocols in Section 5.
3.2 Physical Custody. [Select one; delete inapplicable options]
(a) Joint Physical Custody. The Parents shall share substantially equal periods of physical custodial responsibility in accordance with the schedules in Section 4.
(b) Sole Physical Custody to Parent [ A / B ]. Parent-Time for the non-custodial Parent shall be as provided in Section 4.
3.3 Best Interests. The foregoing custody designations are made after consideration of the Best Interests Factors and are intended to serve the Children’s health, safety, and welfare.
3.4 Modifications. Any modification to custody must be approved by the Family Court consistent with Utah law.
4. PARENT-TIME SCHEDULE
[// GUIDANCE: Utah’s statutory “minimum parent-time schedule” differs for Children under 5 (Utah Code § 30-3-35.5) and Children aged 5-18 (§ 30-3-35). Counsel should attach the appropriate schedules as Exhibits A & B, or customize below.]
4.1 Weekday & Weekend Schedule.
(a) The non-custodial Parent shall have Parent-Time every [e.g., “1st, 3rd, and 5th weekend”] from Friday at 6:00 p.m. until Sunday at 7:00 p.m.
(b) Weekday Parent-Time shall occur each [DAY] from 5:30 p.m. to 8:30 p.m.
4.2 Holiday & Special Day Schedule.
(a) Holidays shall be alternated annually as detailed in Exhibit C.
(b) Children’s birthdays shall be spent with [specify Parent or alternating].
4.3 Extended Summer Parent-Time. Each Parent shall have [e.g., “two non-consecutive weeks”] of uninterrupted summer Parent-Time upon [30] days’ written notice.
4.4 Supervised Parent-Time (if applicable). Parent-Time for Parent [ A / B ] shall be supervised by [NAME / AGENCY], with associated costs borne by [Parent].
4.5 Make-Up Parent-Time. Missed Parent-Time due to the other Parent’s actions shall be rescheduled within [30] days, unless otherwise agreed in writing.
4.6 Exchange Location & Responsibilities.
(a) Exchanges shall occur at [LOCATION] unless the Parents agree otherwise in writing.
(b) The Parent beginning a period of Parent-Time shall provide transportation unless other arrangements are agreed.
5. DECISION-MAKING AUTHORITY
5.1 Major Decisions. The Parents shall confer in good faith regarding major medical, educational, and religious decisions. If consensus is not reached within [72] hours of initiating discussion, either Parent may invoke the dispute-resolution process in Section 15.
5.2 Day-to-Day Decisions. The Parent exercising physical custody at the time may make routine daily decisions (e.g., chores, bedtime, diet) while respecting the other Parent’s reasonable preferences for consistency.
6. TRANSPORTATION & EXCHANGE LOGISTICS
6.1 Safety Standards. Each Parent shall provide safe, legally compliant child restraints, and no Child shall be transported by anyone under the influence of alcohol or drugs.
6.2 Delays & Notice. A Parent anticipating a delay of more than [15] minutes shall notify the other Parent promptly by call or text.
7. COMMUNICATION PROTOCOLS
7.1 Child-to-Parent Contact. Each Parent shall facilitate reasonable telephone, video, or electronic communication between the Child and the other Parent during non-custodial periods.
7.2 Parent-to-Parent Communication. Communications shall be civil and child-focused, preferably in writing (e-mail, co-parenting app) to create a clear record.
7.3 Information Sharing. Both Parents shall have equal access to the Children’s medical, dental, educational, and extracurricular records.
8. RELOCATION PROCEDURES
8.1 Advance Notice. A Parent proposing Relocation must provide the other Parent with at least 60 days’ written notice stating: (i) the intended new residence; (ii) the reasons for Relocation; and (iii) a proposed revised Parent-Time schedule.
8.2 Objection & Court Review. The non-relocating Parent may object in writing within 30 days. If the Parents cannot agree on modifications, either Parent may petition the Family Court for review prior to Relocation.
8.3 Allocation of Travel Costs. Unless the Court orders otherwise, the Parent electing Relocation shall bear [percentage or proportion] of the additional transportation costs associated with Parent-Time.
8.4 Temporary Orders. Pending final adjudication of any Relocation dispute, the existing schedule shall remain in effect unless modified by interim court order.
9. HEALTH, EDUCATION, & WELFARE PROVISIONS
9.1 Medical & Dental Insurance. Parent [ A / B ] shall maintain comprehensive health, dental, and vision insurance for the Children. Uninsured expenses shall be divided [specify percentage split, e.g., 50/50].
9.2 Elective Procedures. Elective medical or dental procedures require mutual written consent.
9.3 Educational Placement. The Children shall attend [NAME OF SCHOOL / DISTRICT] unless otherwise agreed or ordered.
9.4 Extracurricular Activities. Enrollment must be jointly agreed. Associated costs shall be allocated [specify split or per activity].
10. FINANCIAL OBLIGATIONS (SUPPORT & EXPENSES)
[// GUIDANCE: Child support is typically established by separate Utah child-support worksheets and orders. Cross-reference the anticipated order here.]
10.1 Child Support. The Parties acknowledge their intent that any child-support order entered by the Family Court shall be consistent with this Agreement and Utah’s statutory guidelines.
10.2 Extraordinary Expenses. The Parents shall share the cost of mutually agreed private tutoring, camps, or extraordinary medical expenses as follows: [percentage split].
10.3 Tax Exemptions. The Parties shall allocate dependency exemptions for federal and state income-tax purposes as follows: [Allocate by year or equally] subject to IRS requirements.
11. REPRESENTATIONS & WARRANTIES
11.1 Capacity & Authority. Each Parent represents that he or she:
(a) is an adult of sound mind;
(b) has not assigned or delegated parental rights to any third party; and
(c) is unaware of any legal impediment to entering into this Agreement.
11.2 Accuracy of Information. Each Parent warrants that all information provided to the other Parent and to the Court concerning the Children’s welfare is true, correct, and complete to the best of that Parent’s knowledge.
11.3 Survival. The representations and warranties in this Section 11 shall survive execution of this Agreement and any subsequent court order incorporating it.
12. COVENANTS & RESTRICTIONS
12.1 Non-Disparagement. Neither Parent shall speak negatively about the other Parent in the presence or hearing of the Children.
12.2 Substance Abuse. Each Parent covenants that he or she will not consume alcohol to excess or use illegal substances during, or within [12] hours prior to, any period of custodial responsibility.
12.3 Firearms & Hazardous Materials. All firearms and hazardous materials shall be stored in locked, child-inaccessible locations during Parent-Time.
12.4 Notice of Significant Events. Each Parent shall notify the other by text or e-mail within [24] hours of any material event affecting the Children’s health, safety, or schooling (e.g., medical emergency, suspension).
13. DEFAULT & REMEDIES
13.1 Events of Default. A Parent is in default if he or she:
(a) willfully violates a material provision of this Agreement;
(b) removes the Child from Utah without consent or court order; or
(c) engages in conduct that poses imminent danger to the Child.
13.2 Notice & Cure. The non-defaulting Parent shall give written notice specifying the default. The defaulting Parent shall have [10] calendar days to cure, unless the default endangers the Child’s immediate safety, in which case the non-defaulting Parent may seek emergency relief without notice.
13.3 Graduated Remedies. Available remedies, subject to court approval, include:
(a) make-up Parent-Time;
(b) modification of transportation cost allocation;
(c) attorney fees and costs;
(d) contempt findings;
(e) temporary or permanent modification of custody.
13.4 Attorney Fees. The prevailing Parent in any enforcement action shall be entitled to recover reasonable attorney fees and costs.
14. RISK ALLOCATION
14.1 Child Welfare Priority Indemnification. Each Parent (the “Indemnifying Parent”) shall indemnify and hold harmless the other Parent from any loss, liability, damage, or expense (including reasonable attorney fees) arising out of the Indemnifying Parent’s breach of this Agreement or violation of any law intended to protect the welfare of the Children.
14.2 Limitation of Liability. No limitation of liability is applicable to either Parent’s intentional misconduct, gross negligence, or acts jeopardizing the safety of the Children.
14.3 Insurance. Each Parent shall maintain homeowner’s or renter’s liability insurance in an amount not less than $[AMOUNT] per occurrence covering incidents occurring during Parent-Time.
14.4 Force Majeure. A Parent’s temporary inability to comply with specific scheduling provisions due to events beyond that Parent’s reasonable control (e.g., natural disaster, severe illness) shall not constitute a default, provided that the Parent gives prompt notice and cooperates to reschedule missed Parent-Time.
15. DISPUTE RESOLUTION
15.1 Good-Faith Negotiation. The Parents shall first attempt to resolve any disagreement through direct, respectful discussion.
15.2 Mediation. Failing resolution within [7] days, either Parent may demand mediation with a qualified Utah domestic mediator. Mediation costs shall be shared [equally / other].
15.3 Limited Arbitration. Subject to Utah law prohibiting binding arbitration of core custody determinations, the Parents may mutually agree in writing to submit non-custodial ancillary disputes (e.g., expense reimbursements) to binding arbitration under the Utah Uniform Arbitration Act. Any arbitration award concerning custody or parent-time shall be advisory only and subject to court review.
15.4 Court Intervention & Injunctive Relief. Either Parent may petition the Family Court for injunctive or other equitable relief (including custody modification) when necessary to protect the Children’s best interests or to enforce this Agreement. No jury trial is available in such proceedings.
16. GENERAL PROVISIONS
16.1 Amendments. No modification of this Agreement is valid unless (a) executed in writing by both Parents, and (b) subsequently approved by the Family Court.
16.2 Waiver. A waiver of any breach must be in writing and shall not constitute a waiver of any subsequent breach.
16.3 Assignment & Delegation. Parental responsibilities are personal and may not be assigned. Babysitters or child-care providers engaged by either Parent must be at least [18] years old and appropriately qualified.
16.4 Severability. If any provision is found unenforceable, the remaining provisions shall be reformed to the minimum extent necessary to effect the Parties’ intent and remain in full force and effect.
16.5 Integration. This Agreement constitutes the entire understanding between the Parents concerning the subject matter hereof and supersedes all prior oral or written agreements.
16.6 Counterparts & Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which is deemed an original. Electronic signatures (including PDF, DocuSign, or similar) shall be deemed originals for all purposes.
17. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parents have executed this Agreement as of the Effective Date.
| Parent A | Parent B |
|---|---|
| _______ | _______ |
| [PARENT A NAME] | [PARENT B NAME] |
| Date: //______ | Date: //______ |
[OPTIONAL NOTARY ACKNOWLEDGMENT]
State of Utah )
: ss.
County of [COUNTY] )
On this _ day of _, 20__, before me, the undersigned notary public, personally appeared [Parent A] and [Parent B], known to me or satisfactorily proven to be the individuals whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.
Notary Public
Commission Expires: ____
[// GUIDANCE: Utah notary blocks are not mandatory for court validity but are helpful to authenticate signatures. Confirm local practice.]
EXHIBITS (Attach as Needed)
Exhibit A – Minimum Parent-Time Schedule (Children Aged 5–18)
Exhibit B – Minimum Parent-Time Schedule (Children Under 5)
Exhibit C – Holiday & Special Day Rotation Calendar
Exhibit D – Medical Insurance Information & Policy Numbers
Exhibit E – Child Support Worksheet & Proposed Order
[End of Document]