The Permanent Custody Agreement is a crucial legal document used in the Philippines when establishing long-term custody arrangements for a child. It is typically employed in situations where a permanent transfer of custody is necessary, such as in cases of adoption, permanent guardian arrangements, or when one parent is granted sole custody. The agreement must comply with Philippine legislation, including the Family Code, Child and Youth Welfare Code, and relevant DSWD regulations. It contains detailed provisions covering all aspects of child care, from daily maintenance to education and healthcare decisions. The document requires careful drafting to ensure it meets all legal requirements while prioritizing the child's best interests. It must be properly executed and may require court approval or DSWD certification, depending on the specific circumstances. The agreement's permanent nature makes it distinct from temporary custody arrangements, requiring thorough consideration of long-term implications for all parties involved.
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1. Parties: Identification of all parties to the agreement, including the custodial and non-custodial parents/guardians
2. Background: Context of the custody arrangement, including relevant family history and reasons for the permanent custody agreement
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Grant of Custody: Formal declaration of permanent custody rights and responsibilities
5. Best Interests of the Child: Statement of how the agreement serves the child's best interests, as required by Philippine law
6. Rights and Responsibilities of Custodial Parent/Guardian: Detailed outline of the custodial parent's/guardian's legal rights and obligations
7. Visitation Rights: Terms and conditions of visitation rights for non-custodial parties, if any
8. Education and Healthcare Decisions: Authority and process for making decisions about the child's education and healthcare
9. Financial Responsibilities: Allocation of financial responsibilities for the child's care and maintenance
10. Communication Protocol: Guidelines for communication between parties regarding the child
11. Dispute Resolution: Process for resolving any future disputes related to the custody arrangement
12. Modification of Agreement: Conditions and process for modifying the custody agreement
13. Governing Law: Specification of Philippine law as governing law and relevant jurisdictional matters
14. Execution: Signature blocks and notarization requirements
1. International Travel Arrangements: Required when there's possibility of international travel, including passport control and consent requirements
2. Special Needs Provisions: Include when the child has specific medical, educational, or other special needs requiring additional arrangements
3. Religious Upbringing: Include when specific arrangements regarding the child's religious education or practices are necessary
4. Extended Family Rights: Include when defining specific rights or arrangements for extended family members' involvement
5. Security and Safety Measures: Include when specific safety concerns need to be addressed, such as in cases with history of domestic violence
6. Cultural Heritage Preservation: Include when specific provisions for maintaining the child's cultural connections are necessary
7. Social Media and Privacy: Include when specific agreements about the child's social media presence and privacy are needed
8. Emergency Decision-Making Protocol: Include when specific emergency situations require detailed decision-making procedures
1. Schedule A - Contact Details: Complete contact information for all relevant parties, including emergency contacts
2. Schedule B - Visitation Schedule: Detailed calendar of visitation arrangements, including holidays and special occasions
3. Schedule C - Financial Support Schedule: Detailed breakdown of financial responsibilities and payment schedules
4. Schedule D - Medical Information: Child's medical history, current medical needs, and healthcare providers
5. Schedule E - Educational Information: Current school details, educational requirements, and special educational needs if any
6. Appendix 1 - Supporting Documents: Copies of relevant court orders, birth certificates, and other legal documents
7. Appendix 2 - Consent Forms: Standard forms for various consents (medical, travel, etc.)
8. Appendix 3 - DSWD Certification: Required certification from the Department of Social Welfare and Development
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