JOINT CUSTODY AGREEMENT

(Kentucky)

[// GUIDANCE: This template establishes joint legal and physical custody arrangements where both parents share decision-making authority and parenting time in a balanced manner. Joint custody requires cooperation and effective communication between parents.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
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 Title and Parties

This Joint Custody Agreement ("Agreement") is entered into by and between [PARENT A NAME] ("Parent A") and [PARENT B NAME] ("Parent B," and together with Parent A, the "Parents") concerning the joint custody and parenting of the minor child(ren) listed below.

1.2 Identification of Minor Child(ren)

• Name: [CHILD 1 NAME]; DOB: [MM/DD/YYYY]
• Name: [CHILD 2 NAME]; DOB: [MM/DD/YYYY]
(Each individually, a "Child," and collectively, the "Children.")

1.3 Effective Date; Court Jurisdiction

This Agreement is effective as of [EFFECTIVE DATE] and shall be filed for incorporation into a stipulated judgment of the [STATE/COUNTY] Family Court ("Court"). The Court retains continuing, exclusive jurisdiction to modify or enforce this Agreement consistent with Kentucky family law and public policy.

1.4 Recitals

A. Parents are the natural and legal parents of the Children.
B. Parents desire to establish joint custody arrangements that serve the Children's best interests.
C. Parents agree that frequent and continuing contact with both Parents is in the Children's best interests.
D. Parents acknowledge their ability to cooperate and communicate effectively regarding the Children's welfare.

2. DEFINITIONS

2.1 "Agreement" has the meaning set forth in Section 1.
2.2 "Best Interests Standard" means the considerations under Kentucky law for determining custody arrangements, including the Children's safety, welfare, health, education, and emotional needs.
2.3 "Court" has the meaning set forth in Section 1.3.
2.4 "Holiday Schedule" means the allocation of custodial time for federal, state, and religious holidays as detailed in Section 3.4.
2.5 "Joint Legal Custody" means both Parents share equally the right and responsibility to make major decisions relating to the health, education, and welfare of the Children.
2.6 "Joint Physical Custody" means the Children shall have substantially equal time with both Parents, with frequent and continuing contact.
2.7 "Major Decisions" include but are not limited to: education (school enrollment, special education services); non-emergency medical care; mental health treatment; religious upbringing; extracurricular activities; travel outside the state/country.
2.8 "Parenting Time" means the period during which a Parent has physical care of the Children.
2.9 "Relocation" means a change of residence by either Parent that would substantially impact the joint custody arrangement.

3. OPERATIVE PROVISIONS

3.1 Joint Legal Custody

The Parents shall share Joint Legal Custody equally. All Major Decisions shall be made by mutual agreement after good-faith consultation between the Parents.

3.2 Joint Physical Custody

The Parents shall share Joint Physical Custody with the following schedule designed to provide substantially equal parenting time:

Weekly Schedule:
• Week 1: Parent A has Children from Monday morning to Thursday after school; Parent B has Children from Thursday after school to Monday morning.
• Week 2: The schedule alternates with Parent B having Monday-Thursday and Parent A having Thursday-Monday.

Alternative Schedule Option:
• [2-2-3 Schedule]: Parent A: Monday-Tuesday; Parent B: Wednesday-Thursday; Alternate Friday-Sunday.
• [Or specify custom schedule that provides roughly equal time]

Exchange Location: [SPECIFY LOCATION] or at the Children's school.
Transportation: Parents shall share transportation responsibilities equally, with the receiving parent picking up the Children.

3.3 Decision-Making Protocol

a. Consultation Required: Parents shall consult with each other in person, by phone, or in writing before making any Major Decision.
b. Good Faith Negotiation: Each Parent agrees to approach decision-making with flexibility and the Children's best interests as the primary consideration.
c. Emergency Decisions: The Parent with physical custody may make emergency medical decisions when immediate action is required. The other Parent shall be notified immediately.
d. Dispute Resolution: If Parents cannot agree on a Major Decision after good-faith efforts, the matter shall be submitted to mediation per Section 8.3.

3.4 Holiday Schedule

Holidays shall be shared equally and alternate annually unless otherwise agreed:

[Specify holiday allocation - alternating even/odd years]:
• Thanksgiving
• Winter Break / Christmas / Hanukkah / Kwanzaa
• Spring Break
• Summer Vacation (split equally into periods)
• Mother's Day (with Mother)
• Father's Day (with Father)
• Children's birthdays (alternating or shared celebration)
• Other holidays: [SPECIFY]

3.5 Vacation Periods

Each Parent shall be entitled to [X] weeks of vacation time per calendar year with at least [30] days' written notice to the other Parent. Vacation time supersedes the regular schedule.

3.6 Right of First Refusal

If either Parent is unavailable to care for the Children for more than [X] consecutive hours during scheduled parenting time, that Parent shall first offer the time to the other Parent before arranging alternative childcare.

3.7 Communication

a. Between Parents: Parents shall maintain respectful, child-focused communication through [phone/text/email/co-parenting app].
b. Parent-Child Contact: Each Parent shall facilitate regular phone/video contact between the Children and the other Parent during parenting time.
c. No Disparagement: Parents shall not make negative or disparaging remarks about the other Parent in the presence or hearing of the Children.

3.8 Information Sharing

Both Parents shall have full and equal access to:
• School records, report cards, and teacher conferences
• Medical, dental, and mental health records and providers
• Extracurricular activity schedules and communications
• Emergency contact information

3.9 Relocation

a. Notice Requirement: A Parent intending to relocate must provide at least [60-90] days' advance written notice to the other Parent.
b. Contents of Notice: The notice shall include the proposed new address, reason for move, proposed revised parenting schedule, and impact on the Children.
c. Negotiation: Parents shall negotiate in good faith to modify the custody arrangement if relocation is necessary.
d. Court Approval: If Parents cannot agree, either may petition the Court. Until a Court order is issued, the current Agreement remains in effect.

3.10 Education Decisions

Parents shall jointly decide on:
• School enrollment and changes
• Special education services or accommodations
• Tutoring or educational support
• College planning and applications

3.11 Medical Decisions

Parents shall jointly decide on:
• Selection of healthcare providers
• Non-emergency medical, dental, and vision care
• Mental health counseling or therapy
• Medications (excluding emergency situations)
• Surgical procedures

Both Parents shall be entitled to speak directly with healthcare providers and receive all medical information.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority and Capacity
Each Parent represents that he or she has full legal capacity to enter this Agreement and that no other person has superior custodial rights.

4.2 No Pending Proceedings
Except as disclosed herein, no criminal, child protective services, or restraining-order proceedings are pending that would affect custodial suitability.

4.3 Full Disclosure
Each Parent has disclosed all material information regarding the Children's health, education, welfare, and any special needs.

4.4 Fitness for Joint Custody
Each Parent represents that he or she is capable of cooperating with the other Parent and that joint custody serves the Children's best interests.

4.5 Survival
These representations and warranties survive execution and continue for the duration of this Agreement.

5. COVENANTS & RESTRICTIONS

5.1 Cooperation Covenant
Parents shall cooperate with each other in all matters concerning the Children's welfare and shall make good-faith efforts to resolve disputes amicably.

5.2 Substance-Use Restriction
Neither Parent shall consume alcohol to impairment or use illegal substances during or within [12] hours prior to parenting time.

5.3 Firearms Safety
All firearms shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the Children.

5.4 Non-Disparagement
Each Parent shall refrain from negative remarks about the other Parent, extended family, or the other Parent's household in the Children's presence.

5.5 Introduce New Partners Gradually
If either Parent develops a new romantic relationship, the Parent shall introduce the new partner to the Children gradually and only after the relationship has become stable.

5.6 Attendance at Events
Both Parents are encouraged to attend the Children's school events, extracurricular activities, and other important occasions. Parents shall conduct themselves respectfully toward each other at such events.

5.7 Consistency in Rules
Parents shall make reasonable efforts to maintain consistent rules, discipline, bedtimes, and homework expectations across both households.

6. DEFAULT & REMEDIES

6.1 Events of Default
a. Denial of court-ordered parenting time without good cause;
b. Failure to consult on Major Decisions as required;
c. Relocation without notice and agreement/approval;
d. Material breach of any covenant in Article 5;
e. Contempt of Court findings.

6.2 Notice & Cure
The non-defaulting Parent shall provide written notice specifying the default. The defaulting Parent shall have [10] days to cure, unless the default threatens immediate harm to the Children.

6.3 Remedies
a. Make-up parenting time equal to missed time;
b. Modification of custody arrangements;
c. Mediation or court intervention;
d. Reallocation of attorney's fees and costs;
e. Any other relief available at law or equity.

6.4 Attorneys' Fees
The prevailing Parent in any enforcement proceeding shall be entitled to reasonable attorneys' fees and costs, subject to Court approval.

7. RISK ALLOCATION

7.1 Child-Welfare Priority & Indemnification
Each Parent agrees to indemnify and hold harmless the other from any loss, liability, or expense (including attorneys' fees) resulting from the indemnifying Parent's breach of any provision that compromises the Children's health, safety, or welfare.

7.2 Insurance
a. Health Insurance: [SPECIFY PARENT] shall maintain comprehensive health, dental, and vision insurance for the Children. Uninsured medical expenses shall be shared [equally/proportionally].
b. Automobile Insurance: Each Parent shall maintain state-required auto insurance on any vehicle used to transport the Children.

7.3 Force Majeure
Parenting time obligations may be temporarily modified for acts of God, natural disasters, serious illness, or governmental orders that make compliance impossible. Parents shall cooperate to reschedule missed time.

8. DISPUTE RESOLUTION

8.1 Good-Faith Negotiation
Parents shall first attempt to resolve disputes through direct, respectful communication.

8.2 Mediation
If negotiation fails, Parents shall participate in mediation with a qualified family mediator before seeking Court intervention.

8.3 Arbitration (Limited Availability)
Non-custodial financial disputes may be submitted to binding arbitration by mutual written consent. Custody determinations remain within the Court's exclusive jurisdiction.

8.4 Forum Selection & Governing Law
Any proceeding to interpret or enforce this Agreement shall be filed in [SPECIFY COURT], Kentucky, and governed by Kentucky law.

8.5 Injunctive Relief
Nothing in this Article limits either Parent's right to seek immediate injunctive or emergency relief concerning custody, safety, or welfare of the Children.

9. GENERAL PROVISIONS

9.1 Amendment & Modification
This Agreement may be modified only by written agreement signed by both Parents and approved by the Court.

9.2 Assignment
Custodial rights and responsibilities are personal and may not be assigned or delegated without prior Court approval.

9.3 Severability
If any provision is held unenforceable, the remaining provisions shall remain in full force, and a valid term shall be substituted that reflects the original intent.

9.4 Integration
This Agreement constitutes the entire understanding between the Parents regarding joint custody and supersedes all prior agreements.

9.5 Counterparts; Electronic Signatures
This Agreement may be executed in counterparts and electronically, each deemed an original.

9.6 Review and Modification
Parents agree to review this Agreement annually and modify it as necessary to meet the changing needs of the Children.

10. EXECUTION BLOCK

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

ACKNOWLEDGMENT

State of Kentucky )
County of __________ )

On ________________ before me, _________________________, a Notary Public, personally appeared [PARENT A NAME] and [PARENT B NAME], who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same.

WITNESS my hand and official seal.
_________________________________
Notary Public

[Seal]

[// GUIDANCE: File this executed Agreement with the appropriate family court together with any required petition or stipulation forms. Both parents should retain copies and provide copies to schools, healthcare providers, and other relevant parties as needed.]