The Formal Custody Agreement serves as a legally binding document under German family law, typically implemented following separation, divorce, or when unmarried parents need to formalize their custody arrangements. It's designed to comply with the German Civil Code (BGB) and related family law regulations, providing a comprehensive framework for parental responsibilities and rights. This document becomes necessary when parents need to establish clear guidelines for shared custody, outline decision-making processes, and create structured visitation schedules. The agreement can be either court-approved or notarized, and must always prioritize the child's best interests (Kindeswohl) as required by German law. It includes essential provisions for both legal custody (elterliche Sorge) and physical custody arrangements, with flexibility for modification as circumstances change.
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1. Parties: Identification of all parties to the agreement, including both parents and details of the child(ren)
2. Background: Brief history of the parents' relationship, current situation, and reason for the custody agreement
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Legal Custody Rights (Gemeinsame Sorgerecht): Specification of legal custody arrangements, including decision-making rights and responsibilities
5. Physical Custody Arrangement (Aufenthaltsbestimmungsrecht): Details of where the child will primarily reside and the basic schedule of physical custody
6. Visitation Rights (Umgangsrecht): Detailed visitation schedule including regular visits, holidays, and special occasions
7. Communication Rights: Rules and schedule for communication between the non-resident parent and child
8. Decision Making: Process for making major decisions regarding education, health, religion, and other significant matters
9. Information Sharing: Requirements for sharing information about the child's health, education, and welfare
10. Travel Provisions: Rules regarding domestic and international travel with the child
11. Child Support (Kindesunterhalt): Financial arrangements for child support payments
12. Dispute Resolution: Process for resolving disagreements about the interpretation or implementation of the agreement
13. Modification Clause: Conditions and process for modifying the agreement
14. Governing Law: Confirmation that the agreement is governed by German law
15. Signatures and Declarations: Formal execution of the agreement by all parties
1. International Travel Provisions: Detailed rules for international travel when one parent lives abroad or frequent international travel is anticipated
2. Language Rights: Provisions regarding language use and education when parents speak different languages
3. Religious Upbringing: Specific arrangements for religious education and observances when parents have different religious beliefs
4. Medical Decision Protocol: Detailed procedures for medical decisions when child has specific health conditions
5. Digital Communication Rules: Specific provisions for digital communication and social media use when relevant to the child's age
6. Relocation Clause: Detailed provisions regarding potential future relocations when one parent may need to move
7. Step-Parent Rights: Provisions regarding step-parent involvement when applicable
8. Grandparent Access: Specific provisions for grandparent visitation when this is a significant consideration
1. Schedule A - Detailed Visitation Calendar: Comprehensive calendar showing regular visitation schedule, holidays, and special occasions
2. Schedule B - Contact Details: Complete contact information for all relevant parties, including emergency contacts
3. Schedule C - Child Support Calculations: Detailed breakdown of child support calculations and payment schedule
4. Schedule D - Medical Information: Child's medical history, insurance information, and healthcare providers
5. Schedule E - Education Information: Details of school enrollment, educational requirements, and extra-curricular activities
6. Appendix 1 - Communication Log Template: Template for recording important communications between parents
7. Appendix 2 - Expense Sharing Form: Template for recording and sharing extraordinary expenses
8. Appendix 3 - Travel Consent Form: Standard form for travel authorization
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