The Custody Settlement Agreement serves as a crucial legal instrument in Philippine family law, providing a comprehensive framework for parents to establish clear, legally binding arrangements regarding their children's care and upbringing. This document becomes necessary when parents separate, divorce, or need to formalize custody arrangements, ensuring compliance with the Family Code of the Philippines and related legislation such as R.A. 7610 and the Rules of Court. The agreement covers essential aspects including physical and legal custody, visitation schedules, financial support, education, healthcare decisions, and dispute resolution mechanisms. It must be drafted with careful consideration of Philippine legal requirements and can be either court-approved or notarized to ensure enforceability. The document's primary focus is maintaining the best interests of the child while providing clear guidelines for both parents to follow in their co-parenting relationship.
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1. Parties: Identification of all parties to the agreement including the parents and details of the child(ren)
2. Background: Brief history of the relationship, marriage/separation status, and current living arrangements
3. Definitions: Key terms used throughout the agreement including types of custody, visitation periods, and other relevant terminology
4. Best Interests of the Child: Statement acknowledging that the agreement is made with the child's best interests as the paramount consideration
5. Custody Arrangement: Detailed specification of the type of custody agreed upon (sole, joint, shared) and primary residence of the child
6. Parental Rights and Responsibilities: Outline of each parent's rights and responsibilities regarding decision-making for education, health, religion, and other major aspects
7. Visitation Schedule: Detailed visitation/access schedule including regular visits, holidays, special occasions, and vacation periods
8. Child Support: Financial arrangements for child support, including amount, payment schedule, and covered expenses
9. Medical Care and Insurance: Provisions for medical, dental, and health insurance coverage and division of medical expenses
10. Education: Agreements regarding school choice, educational expenses, and decision-making process
11. Communication: Guidelines for communication between parents and with the child, including methods and frequency
12. Dispute Resolution: Process for resolving disagreements and modifications to the agreement
13. Governing Law: Specification that the agreement is governed by Philippine law and relevant jurisdiction
14. Modification and Review: Conditions and process for modifying the agreement and periodic review provisions
15. Execution: Signature block and notarization requirements
1. International Travel: Used when there's possibility of international travel, including passport arrangements and consent requirements
2. Religious Upbringing: Include when parents have specific agreements about religious education or practices
3. Extended Family Access: Added when arrangements for grandparents or other family members' access needs to be specified
4. Special Needs Provisions: Include when the child has special needs requiring specific care arrangements or additional support
5. Language and Cultural Preservation: Used in cases involving different cultural backgrounds or languages
6. Social Media and Privacy: Include when parties want to establish guidelines about sharing child's information/photos online
7. Relocation Provisions: Added when there's possibility of future relocation by either parent
8. Step-Parent/New Partner Guidelines: Include when there are specific agreements about interaction with step-parents or new partners
1. Schedule A - Detailed Visitation Calendar: Detailed calendar showing regular visitation schedule, holidays, and special occasions
2. Schedule B - Child Support Calculations: Detailed breakdown of child support calculations and expenses
3. Schedule C - Medical and Insurance Information: Details of health insurance coverage, policy numbers, and medical care provisions
4. Schedule D - Education Expenses: Breakdown of educational costs and payment responsibilities
5. Schedule E - Personal Property of the Child: Inventory of significant personal property and its primary location
6. Appendix 1 - Emergency Contact Information: List of emergency contacts and important phone numbers
7. Appendix 2 - School and Medical Records: Copies of relevant school and medical records
8. Appendix 3 - Proof of Income: Financial documentation used for child support calculations
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