The Divorce Custody Agreement, while technically termed as a custody agreement in the Philippine context (since divorce is not legally recognized except for Muslim Filipinos), is a crucial legal document used when parents separate through legal separation, annulment, or declaration of marriage nullity. This document becomes necessary when determining the care, custody, and control of minor children following the parents' separation. It must comply with the Family Code of the Philippines and related legislation, including the Special Protection of Children Against Abuse, Exploitation and Discrimination Act. The agreement covers comprehensive aspects of child custody, including physical and legal custody arrangements, visitation rights, financial responsibilities, and decision-making protocols. It's designed to protect the best interests of the child while providing clear guidelines for separated parents, and may be modified through court proceedings as circumstances change.
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1. Parties: Identification of both parents, their current addresses, and their legal status (e.g., legally separated, marriage annulled, etc.)
2. Background: Brief history of the marriage/relationship, details of the legal separation or annulment case (if applicable), and basic information about the children involved
3. Definitions: Clear definitions of terms used throughout the agreement, including types of custody, visitation periods, holidays, etc.
4. Physical Custody Arrangements: Detailed specification of where the child will primarily reside and the time-sharing schedule between parents
5. Legal Custody and Decision Making: Provisions regarding decision-making authority for education, healthcare, religion, and other major aspects of the child's life
6. Visitation Schedule: Detailed regular visitation schedule including weekdays, weekends, and transfer arrangements
7. Holiday and Special Occasions Schedule: Specific arrangements for holidays, birthdays, school breaks, and other special occasions
8. Financial Responsibilities: Details of child support, education expenses, healthcare costs, and other financial obligations
9. Communication Protocol: Rules and guidelines for communication between parents regarding the child and between parents and child
10. Dispute Resolution: Procedures for resolving disagreements about custody and modifying the agreement
11. Governing Law: Statement that the agreement is governed by Philippine law and relevant jurisdictional matters
1. International Travel Provisions: Required if either parent lives abroad or frequent international travel is anticipated
2. Religious Upbringing: Include if parents have specific agreements about religious education or practices
3. Medical Care Preferences: Include if there are specific medical conditions or preferences that need to be addressed
4. Educational Arrangements: Include if there are specific agreements about school choice or educational approach
5. Extended Family Access: Include if there are specific arrangements for grandparents or other family members' access
6. Relocation Provisions: Include if there's likelihood of either parent relocating
7. Special Needs Provisions: Include if the child has special needs requiring specific care arrangements
1. Schedule A - Detailed Visitation Calendar: Monthly calendar showing regular custody rotation and visitation schedule
2. Schedule B - Holiday and Special Occasions Rotation: Multi-year calendar of holiday and special occasion arrangements
3. Schedule C - Financial Obligations: Detailed breakdown of financial responsibilities and payment schedules
4. Schedule D - Contact Information: List of important contact details including schools, doctors, and emergency contacts
5. Appendix 1 - Parenting Guidelines: Detailed guidelines for consistent parenting approaches across both households
6. Appendix 2 - Communication Log Template: Template for documenting important communications and decisions regarding the child
7. Appendix 3 - Expense Reporting Template: Template for tracking and reporting shared expenses related to the child
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