TEMPORARY CUSTODY AGREEMENT

(Georgia)

[// GUIDANCE: This template establishes a temporary custody arrangement for a defined period or pending resolution of permanent custody. Temporary custody is appropriate during divorce proceedings, parental emergency/incapacity, deployment, extended travel, voluntary arrangements, or other short-term situations requiring interim custody arrangements.]

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 Temporary Custody Agreement ("Agreement") is entered into by and between [TEMPORARY CUSTODIAN NAME] ("Temporary Custodian") and [PARENT NAME] ("Parent," and together the "Parties") concerning temporary custody of the minor child(ren) listed below.

[ALTERNATIVE FOR TWO PARENTS:]
This Temporary Custody Agreement ("Agreement") is entered into by and between [PARENT A NAME] ("Parent A") and [PARENT B NAME] ("Parent B," collectively the "Parents") concerning temporary custody arrangements for 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 and Duration

a. Effective Date: This Agreement is effective as of [START DATE].
b. Termination Date: This Agreement shall terminate on the earliest of:
(i) [END DATE], or
(ii) Written notice by the Parent of intent to resume full custody (with [X] days' advance notice), or
(iii) Entry of a permanent custody order by a court of competent jurisdiction, or
(iv) Mutual written agreement of the Parties.

1.4 Court Jurisdiction

This Agreement may be filed with the [STATE/COUNTY] Family Court ("Court") for approval and enforcement. The Court retains jurisdiction to modify or enforce this Agreement consistent with Georgia family law.

1.5 Recitals

A. The Parent(s) is/are the natural and legal parent(s) of the Children.
B. Due to [SPECIFY REASON: e.g., pending divorce proceedings, Parent's temporary military deployment, Parent's medical condition requiring treatment, Parent's extended work assignment, voluntary interim arrangement], temporary custody arrangements are necessary.
C. The Parties agree that this temporary arrangement serves the Children's best interests during this interim period.
D. The Parties intend this to be a temporary arrangement and [do/do not] intend to affect permanent custody rights.

2. DEFINITIONS

2.1 "Agreement" has the meaning set forth in Section 1.
2.2 "Best Interests Standard" means the considerations under Georgia law for determining custody arrangements.
2.3 "Court" has the meaning set forth in Section 1.4.
2.4 "Temporary Custodian" means [NAME], who has temporary physical and/or legal custody as specified herein.
2.5 "Parent" means the natural or legal parent temporarily delegating custodial authority.
2.6 "Temporary Period" means the duration specified in Section 1.3.
2.7 "Major Decisions" include education, non-emergency medical care, mental health treatment, religious upbringing, and extracurricular activities.

3. OPERATIVE PROVISIONS

3.1 Temporary Custody Arrangement

[SELECT APPLICABLE OPTION:]

Option A: Temporary Physical Custody with Parent Retaining Legal Custody
a. The Temporary Custodian shall have temporary physical custody of the Children during the Temporary Period.
b. The Parent retains full legal custody and decision-making authority for all Major Decisions.
c. The Temporary Custodian shall provide day-to-day care and may make routine decisions regarding the Children's daily activities, discipline, and schedules.
d. The Temporary Custodian must consult the Parent before making any Major Decisions.

Option B: Temporary Physical and Legal Custody
a. The Temporary Custodian shall have both temporary physical and legal custody during the Temporary Period.
b. The Temporary Custodian has authority to make Major Decisions in the Children's best interests, with the expectation of consulting the Parent when reasonably possible.
c. The Temporary Custodian may enroll the Children in school, consent to routine medical care, and manage day-to-day needs.

Option C: Shared Temporary Custody Between Two Parents
a. During the Temporary Period, Parents shall share custody according to the following schedule: [SPECIFY SCHEDULE].
b. Legal custody shall be [joint/sole to Parent A/sole to Parent B] during this period.
c. This arrangement is temporary pending [divorce/permanent custody determination/other].

3.2 Residence

The Children shall reside primarily with the Temporary Custodian at [ADDRESS] during the Temporary Period.

3.3 Parenting Time / Visitation

The Parent shall have the following contact with the Children during the Temporary Period:

[SPECIFY - options include]:
• Liberal visitation: As mutually agreed between the Parties
• Scheduled visitation: [e.g., every weekend, alternating weekends, Wednesday evenings, etc.]
• Virtual contact: Daily phone/video calls at [TIME] for [DURATION]
• Holiday schedule: [SPECIFY]
• Vacation time: [SPECIFY]

[OR, if Parent is unavailable due to deployment, hospitalization, etc.:]
• The Parent shall maintain contact through [phone/video/letters/email] as frequently as circumstances permit.
• Upon the Parent's return/recovery, the Parent shall have [immediate/gradual] resumption of custody.

3.4 Decision-Making Authority

Education:
• School enrollment and changes: [Parent/Temporary Custodian]
• School communications and attendance: [Parent/Temporary Custodian]
• Educational decisions (IEP, special services): [Parent/Temporary Custodian]

Medical:
• Routine medical care: [Temporary Custodian with notification to Parent]
• Emergency medical care: [Temporary Custodian with immediate notification to Parent]
• Non-emergency procedures/specialists: [Requires Parent approval]
• Mental health services: [Parent/Temporary Custodian/Joint]

Other Decisions:
• Extracurricular activities: [Parent/Temporary Custodian/Joint]
• Religious upbringing: [Parent/Temporary Custodian/Continue current practice]
• Travel outside the state: [Requires Parent approval]

3.5 Communication and Reporting

a. The Temporary Custodian shall keep the Parent informed of the Children's welfare, including:
• Weekly updates on the Children's activities, health, and well-being
• Prompt notification of any illness, injury, or behavioral concerns
• Copies of school reports, medical records, and other important documents
• Notification of school events and activities

b. The Temporary Custodian shall facilitate regular communication between the Parent and Children through phone, video, mail, or in-person visits as specified in Section 3.3.

c. The Parent shall provide updated contact information and remain reasonably available for consultation regarding Major Decisions.

3.6 Financial Responsibilities

Child Support:
[OPTION 1:] The Parent shall pay temporary child support of $[AMOUNT] per [month/week] to the Temporary Custodian to cover the Children's expenses.

[OPTION 2:] The Parent shall continue to pay for the following expenses directly: [health insurance, school tuition, extracurriculars, etc.]. The Temporary Custodian shall be responsible for day-to-day living expenses.

[OPTION 3:] No financial exchange; the Temporary Custodian assumes all expenses during the Temporary Period.

Health Insurance:
[SPECIFY PARENT] shall maintain health insurance coverage for the Children.

Unreimbursed Medical Expenses:
[SPECIFY allocation between Parent and Temporary Custodian]

3.7 Return to Parent

a. Upon termination of this Agreement pursuant to Section 1.3, the Temporary Custodian shall return the Children to the Parent's custody.

b. [If applicable] If the Parent's circumstances change allowing earlier resumption of custody, the Parent shall provide [X] days' written notice, and the Parties shall cooperate to facilitate a smooth transition.

c. [If applicable - gradual transition] Upon the Parent's [return from deployment/recovery/availability], the Children shall transition back to the Parent's full custody according to the following graduated schedule:
• Week 1: [SPECIFY increased parenting time]
• Week 2: [SPECIFY further increase]
• Week 3+: [Full custody resumed]

3.8 Cooperation

Both Parties shall cooperate fully to ensure the Children's emotional well-being during this temporary period and shall work together to minimize disruption to the Children's routines, school, and activities.

4. REPRESENTATIONS & WARRANTIES

4.1 Parental Rights
The Parent represents that he/she has full legal parental rights and that no other person has superior custodial rights except as disclosed herein.

4.2 Authority of Temporary Custodian
[If Temporary Custodian is not a parent:] The Parent represents that the Temporary Custodian is a fit and proper person to have temporary custody of the Children.

4.3 Voluntary Agreement
The Parties represent that this Agreement is entered into voluntarily and in the Children's best interests.

4.4 Disclosure
Each Party has disclosed all material information regarding the Children's health, education, welfare, and special needs.

4.5 No Coercion
Neither Party has been coerced, threatened, or improperly influenced to enter this Agreement.

4.6 Temporary Nature
The Parties acknowledge that this is a temporary arrangement and does not constitute a permanent change in custody or abandonment of parental rights.

5. COVENANTS & RESTRICTIONS

5.1 Best Interests
The Temporary Custodian shall act in the Children's best interests at all times and maintain the Children's safety, health, and welfare.

5.2 Consistency with Parent's Values
The Temporary Custodian shall, to the extent reasonable, maintain consistency with the Parent's child-rearing values, discipline methods, and household rules.

5.3 Non-Disparagement
Neither Party shall make negative or disparaging remarks about the other in the presence of the Children.

5.4 Substance Use
The Temporary Custodian shall not consume alcohol to impairment or use illegal substances while caring for the Children.

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

5.6 No Permanent Relocation
The Temporary Custodian shall not relocate the Children outside of [GEOGRAPHIC AREA] without the Parent's written consent or court order.

5.7 Maintain Parent-Child Relationship
The Temporary Custodian shall actively facilitate and encourage the Children's relationship with the Parent and shall not interfere with communications or visitation.

5.8 No Transfer to Third Parties
The Temporary Custodian shall not delegate custody to a third party without the Parent's written consent, except for normal childcare arrangements.

6. DEFAULT & REMEDIES

6.1 Events of Default
a. Interference with the Parent's visitation or communication rights;
b. Failure to return the Children at the end of the Temporary Period;
c. Unauthorized relocation of the Children;
d. Material breach of any covenant in Article 5;
e. Abuse, neglect, or endangerment of the Children.

6.2 Immediate Termination
The Parent may immediately terminate this Agreement if the Temporary Custodian breaches Section 6.1(e) or if circumstances make continued temporary custody contrary to the Children's best interests.

6.3 Notice & Cure
For non-emergency defaults, the non-defaulting Party shall provide written notice. The defaulting Party shall have [7] days to cure.

6.4 Remedies
a. Immediate return of the Children to the Parent;
b. Court intervention for enforcement;
c. Modification of the Agreement;
d. Any other relief available at law or equity.

7. RISK ALLOCATION

7.1 Indemnification
The Temporary Custodian shall indemnify and hold harmless the Parent from any liability arising from the Temporary Custodian's negligence or willful misconduct while caring for the Children.

7.2 Insurance
a. Health Insurance: [PARENT] shall maintain health insurance for the Children.
b. Liability: The Temporary Custodian shall maintain homeowner's or renter's insurance with liability coverage.
c. Automobile: The Temporary Custodian shall maintain auto insurance if transporting the Children.

7.3 Force Majeure
If unforeseen circumstances prevent the Parties from complying with this Agreement, the Parties shall work together in good faith to modify arrangements temporarily in the Children's best interests.

8. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement is governed by Georgia family law.

8.2 Good-Faith Negotiation
The Parties shall first attempt to resolve disputes through direct communication.

8.3 Mediation
If negotiation fails, the Parties shall participate in mediation before seeking court intervention.

8.4 Forum Selection
Any court proceedings shall be filed in the [SPECIFY COURT], Georgia.

8.5 Injunctive Relief
Either Party may seek immediate court intervention to protect the Children's welfare.

9. GENERAL PROVISIONS

9.1 Amendment
This Agreement may be modified by written agreement of both Parties.

9.2 Temporary Nature Acknowledged
This Agreement is explicitly temporary and does not affect permanent custody rights or establish presumptions for future custody determinations.

9.3 Severability
If any provision is unenforceable, the remaining provisions remain in effect.

9.4 Integration
This Agreement constitutes the entire understanding regarding temporary custody.

9.5 Counterparts
This Agreement may be executed in counterparts and electronically.

9.6 Notice
All notices shall be provided to:
• Parent: [ADDRESS, EMAIL, PHONE]
• Temporary Custodian: [ADDRESS, EMAIL, PHONE]

10. EXECUTION BLOCK

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

ACKNOWLEDGMENT

State of Georgia )
County of __________ )

On ________________ before me, _________________________, a Notary Public, personally appeared the parties named above, who acknowledged execution of this Agreement.

WITNESS my hand and official seal.
_________________________________
Notary Public

[Seal]

[// GUIDANCE: If the temporary custodian is not a biological/legal parent (e.g., grandparent, relative, family friend), consider whether a Power of Attorney for Minor Child or Caregiver Authorization Affidavit is also needed to allow the temporary custodian to enroll the child in school and consent to medical care. Check your state's specific requirements.]