The Private Custody Agreement is a crucial document used in German family law contexts when parents need to establish clear, legally-sound arrangements for their children's care and custody. It is particularly relevant in situations of separation, divorce, or when modifications to existing custody arrangements are needed. The agreement must comply with the German Civil Code (BGB) and related family law regulations, including consideration of the Youth Welfare Office (Jugendamt) requirements where applicable. This document provides comprehensive coverage of all aspects of child custody, from daily care routines to major life decisions, while ensuring alignment with German legal standards and the principle of the best interests of the child. The Private Custody Agreement can be used either as a standalone document or as part of broader divorce or separation proceedings, and may require court approval depending on the specific circumstances.
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1. Parties: Identification of all parties to the agreement, including parents and any other relevant guardians
2. Background: Brief history of the family situation and reason for the custody agreement
3. Definitions: Definition of key terms used throughout the agreement
4. Legal Custody Rights and Responsibilities: Detailed outline of legal custody arrangements, decision-making authority, and responsibilities of each party
5. Physical Custody and Living Arrangements: Specification of where the child will primarily reside and the physical custody schedule
6. Visitation Schedule: Detailed arrangement of regular visitation times, including weekdays, weekends, and holidays
7. Communication: Rules and arrangements for communication between parents and with the child
8. Education: Arrangements regarding school choice, educational decisions, and access to school records
9. Healthcare: Provisions for medical care, health insurance, and medical decision-making
10. Financial Responsibilities: Allocation of costs related to child care, including regular expenses and extraordinary costs
11. Dispute Resolution: Process for resolving disagreements between parties
12. Modification of Agreement: Procedures for making changes to the agreement
13. Governing Law: Specification that the agreement is governed by German law
14. Signatures and Declarations: Formal signing section with declarations of understanding and free will
1. International Travel: Rules for international travel with the child, including passport arrangements and consent requirements
2. Religious Upbringing: Agreements regarding religious education and practices, if relevant
3. Special Needs Provisions: Additional arrangements for children with special medical, educational, or other needs
4. Relocation Provisions: Procedures and restrictions regarding relocating with the child
5. Extended Family Contact: Arrangements for maintaining relationships with grandparents and other extended family members
6. Digital Media and Social Networks: Guidelines for sharing photos and information about the child online
7. Child Care Arrangements: Specifications for day care, babysitters, or other child care providers
8. Emergency Procedures: Special procedures for emergency situations
9. Language and Cultural Considerations: Provisions for maintaining multiple languages or cultural practices, if applicable
1. Schedule A - Detailed Visitation Calendar: Comprehensive calendar showing regular visitation schedule, holidays, and special occasions
2. Schedule B - Contact Information: Complete contact details for all relevant parties, including emergency contacts
3. Schedule C - Financial Responsibilities Breakdown: Detailed breakdown of regular and extraordinary expenses and payment arrangements
4. Schedule D - Medical Information: Child's medical history, allergies, medications, and healthcare providers
5. Schedule E - Educational Information: Current school information, educational requirements, and extra-curricular activities
6. Appendix 1 - Communication Log Template: Template for recording important communications between parties
7. Appendix 2 - Expense Tracking Form: Template for tracking shared expenses and reimbursements
8. Appendix 3 - Modification Request Form: Standard form for requesting changes to the agreement
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