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Shared Custody Agreement Template for India

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Key Requirements PROMPT example:

Shared Custody Agreement

"I need a Shared Custody Agreement for my 8-year-old daughter where I will be relocating to Dubai in March 2025 while my ex-spouse remains in Mumbai, with provisions for monthly visits and daily video calls, plus arrangements for maintaining her Hindu cultural education."

Document background
The Shared Custody Agreement serves as a legally binding document under Indian law that formalizes the arrangement between separated or divorced parents regarding the care and custody of their children. This document becomes necessary when parents are no longer cohabiting but wish to maintain shared responsibility for their children's upbringing. It addresses crucial aspects such as physical custody schedules, decision-making authority, financial responsibilities, and communication protocols, all while adhering to Indian legal requirements and court precedents. The agreement must comply with the Guardians and Wards Act, 1890, applicable personal laws, and principles established by Indian Supreme Court decisions emphasizing the welfare of the child as paramount. It can be used either as a mutual agreement between parties or incorporated into court orders, providing a clear framework for co-parenting arrangements.
Suggested Sections

1. Parties: Identification of both parents/guardians, their current addresses, and their relationship to the child(ren)

2. Background: Brief history of the family situation, reason for the custody agreement, and current status

3. Definitions: Definitions of key terms used throughout the agreement, including 'custody', 'visitation', 'emergency', etc.

4. Child Information: Details of the child(ren) covered by the agreement, including full names, ages, and any special needs

5. Custody Rights and Responsibilities: Detailed outline of legal and physical custody arrangements, including decision-making authority

6. Residential Schedule: Detailed schedule of where the child(ren) will reside, including regular weekly schedule and transitions

7. Holiday and Special Occasions Schedule: Specific arrangements for holidays, festivals, birthdays, and school vacations

8. Education Provisions: Arrangements regarding school choice, academic decisions, and access to educational records

9. Healthcare Provisions: Medical decision-making authority, healthcare arrangements, and emergency procedures

10. Communication: Guidelines for communication between parents and with the child(ren) during non-custodial periods

11. Dispute Resolution: Process for resolving disagreements and making modifications to the agreement

12. Financial Responsibilities: Division of expenses related to the child(ren)'s care, education, and activities

13. Governing Law: Specification that the agreement is governed by Indian law and relevant jurisdictional details

14. Execution: Signing requirements, date of effect, and witness details

Optional Sections

1. International Travel Provisions: Required if either parent lives abroad or international travel is anticipated, including passport arrangements

2. Religious Upbringing: Include when parents have different religious backgrounds or specific religious requirements

3. Grandparent/Extended Family Access: Include when there are specific arrangements for extended family visitation

4. Special Needs Provisions: Required if any child has special medical, educational, or developmental needs

5. Relocation Provisions: Include detailed procedures if either parent may relocate in the future

6. Step-Parent/New Partner Guidelines: Include when either parent has remarried or lives with a new partner

7. Technology Use Guidelines: Include if there are specific agreements about social media, devices, or online activities

8. Cultural Preservation: Include when maintaining specific cultural connections is important to either parent

Suggested Schedules

1. Schedule A - Detailed Visitation Calendar: Month-by-month calendar showing custody schedule, including holidays and special occasions

2. Schedule B - Contact Information: Comprehensive contact details for both parents, emergency contacts, and relevant care providers

3. Schedule C - Financial Responsibility Breakdown: Detailed breakdown of shared expenses and payment responsibilities

4. Schedule D - Medical Information: Child(ren)'s medical history, allergies, medications, and healthcare providers

5. Schedule E - Education Information: School details, educational requirements, and extra-curricular activities

6. Appendix 1 - Communication Log Template: Standard format for documenting important communications between parents

7. Appendix 2 - Expense Claim Form: Template for requesting reimbursement of shared expenses

8. Appendix 3 - Modification Request Form: Standard format for requesting changes to the custody arrangement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Legal Services

Family Services

Social Services

Healthcare

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Child Protection Services

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Mental Health Services

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Family Law

Social Services

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Client Relations

Dispute Resolution

Child Welfare

Court Administration

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Family Support Services

Relevant Roles

Family Law Attorney

Legal Counsel

Mediator

Social Worker

Child Welfare Officer

Family Court Judge

Legal Document Specialist

Paralegal

Child Psychologist

Family Counselor

Court Clerk

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Child Protection Officer

Family Services Coordinator

Custody Evaluator

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