How to Fill Out Custody Agreement and Parenting Plan (JD-FM-284)

The Custody Agreement and Parenting Plan (JD-FM-284) is a critical document for any Connecticut couple with minor children who are separating or divorcing. This comprehensive 7-page form allows parents to create a detailed, legally binding agreement covering all aspects of co-parenting. It outlines who makes major decisions for the children (legal custody), where the children will live and when they will spend time with each parent (physical custody and parenting time), and how child-related finances like support, healthcare, and daycare will be handled. This is not just a suggestion; once signed by both parents and approved by a Connecticut Superior Court judge, it becomes an enforceable court order.

This form is typically used in three scenarios: as a 'Temporary' agreement during the divorce process, as the 'Final' plan that is incorporated into the final divorce decree, or as a 'Post-Judgment Modification' to change a previously established custody order. Its importance cannot be overstated. A well-drafted parenting plan provides clarity and predictability for both parents and children, minimizing future conflict and the need to return to court. It ensures that all parties understand their rights and responsibilities, creating a stable foundation for the children's well-being after the parents' separation.

Requirements

Before you begin filling out the Custody Agreement and Parenting Plan, gather the following information and documents to ensure a smooth and accurate process:

• Case Information: Your court case's Judicial District, the town where the court is located, and the docket number. This is found on all previous paperwork filed with the court.
• Personal Information: The full legal names of both parents (Plaintiff and Defendant).
• Children's Information: The full legal names and dates of birth for all minor children involved in the case.
• Proposed Parenting Schedule: A detailed calendar or outline of your proposed regular parenting schedule, including specific days and times for exchanges.
• Holiday & Vacation Schedule: Your desired schedule for all major holidays, school breaks, and summer vacation. It's helpful to have a calendar for the next two years to plan for alternating holidays.
• Financial Information for Both Parents:
  • Gross and net weekly income.
  • Cost of health insurance premiums (medical and dental) for the children only.
  • Weekly cost of work-related child care.
• Crucial Required Document: A completed Worksheet for the Connecticut Child Support and Arrearage Guidelines (Form CCSG-1). You cannot accurately complete the financial section (Section F) of the parenting plan without first completing this worksheet. The worksheet calculates the presumptive child support amount and each parent's percentage share of medical and child care costs.

Step-by-Step Instructions

Case Information and Agreement Type

This initial section identifies your case for the court and establishes the legal status of this agreement. It also lists the children covered by this plan.

Judicial district of: Enter the name of the Judicial District where your case is being heard (e.g., Stamford/Norwalk, New Haven, Hartford). Example: Fairfield

At (Town): Enter the town where the courthouse is located. Example: Bridgeport

Docket number: Enter the unique docket number assigned to your case by the court. Example: FBT-FA24-0123456-S

Plaintiff's name (Last, first, middle initial): Enter the full name of the person who initiated the court case (the Plaintiff).

Defendant's name (Last, first, middle initial): Enter the full name of the person responding to the court case (the Defendant).

Upon approval by the court, this parenting plan will be: (Select one): Check the box that describes the purpose of this agreement. 'Temporary' is for use while the case is ongoing. 'Final' will be part of your final divorce decree. 'Post-Judgment Modification' is used to change an existing final order. ⚠️ Select only one. Choosing 'Final' means these terms will be legally binding long-term unless formally modified by the court.

This parenting plan is for the following child(ren) born to, or adopted by, the parents:: In the table provided, list the full name and date of birth for each minor child this agreement applies to. Use the format MM/DD/YYYY for birth dates.

A. Decision-Making Responsibility

This section defines who has the authority to make major decisions for your children. This is known as 'legal custody'. Major decisions typically include non-emergency healthcare, education, and religious upbringing.

Joint Legal Custody: Check this box if both parents will share equally in the responsibility for making major decisions. This requires communication and cooperation.

Sole Legal Custody: Check this box if one parent will have the sole authority to make major decisions. You must write the name of that parent on the line provided.

Other: Use this space if you have a different arrangement. For example, you might have joint custody, but one parent has final decision-making authority on education, while the other has it for healthcare. Be very specific. Example: Parents will have joint legal custody, however, Plaintiff shall have final decision-making authority regarding educational decisions and Defendant shall have final decision-making authority regarding non-emergency medical decisions, after consultation with the other parent.

B. Physical Custody and Parenting Time

This extensive section details the parenting time schedule, also known as 'physical custody'. It covers the regular weekly schedule, holidays, vacations, transportation, and communication.

1. Regular Schedule: (Select one): Choose one of the three options to define your base parenting schedule. Be as specific as possible to avoid future confusion. Option 1: The child lives primarily with one parent, and you must detail the specific days and times the other parent has parenting time. Option 2: The parents have equal or nearly equal time; you must describe the schedule (e.g., 'week-on/week-off, with exchanges on Sundays at 6:00 PM'). Option 3: 'Other' for any custom schedule not covered by the first two. ⚠️ Avoid vague terms like 'reasonable parenting time.' A specific schedule like 'every other weekend from Friday after school until Sunday at 7:00 PM and every Wednesday from after school until 7:00 PM' is much more effective.

2. Telephone Contact: The default is that each parent has reasonable telephone contact. If you need to set specific limits or rules, write them in the space provided. Example: Each parent may have one video or phone call with the children each evening between 7:00 PM and 8:00 PM when they are with the other parent. No calls during school hours unless it is an emergency.

3. Holiday Schedule: (Select one): You can either agree to be flexible and decide on holidays year-by-year, OR you can fill out the detailed chart. To use the chart, for each holiday, check the box for which parent will have the child in 'Even' numbered years (e.g., 2024, 2026) and 'Odd' numbered years (e.g., 2025, 2027). You must also specify the exact start and end times for the holiday parenting time in the 'From' and 'To' columns. Example: For Thanksgiving, check Plaintiff's 'Even' box and Defendant's 'Odd' box. In the 'Time' columns, enter 'From: Wednesday after school' and 'To: Sunday at 6:00 PM'. This means the Plaintiff gets Thanksgiving in even years and the Defendant in odd years.

5. Summer Vacation: (Select all that apply): Specify how many weeks of exclusive vacation time each parent gets with the children during the summer. Enter the number of weeks and the date by which vacation plans must be shared with the other parent (e.g., 'by May 1st'). If a parent gets two or more weeks, indicate if those weeks may or may not be taken consecutively.

6. Transportation and Exchange of Child(ren) Schedule: (Select all that apply): Clearly state who is responsible for transporting the children for exchanges. Be specific. For example, 'The receiving parent will pick up the children from the other parent's home at the start of their parenting time.' Also, specify a default exchange location if you don't want to do exchanges at your homes. Example: Exchanges for the regular schedule will occur at the children's school. The parent starting their time will pick the children up from school. Holiday and summer exchanges will be at the parent's residence.

7. Travel: (Select all that apply): Check the first box if you agree to provide each other with an itinerary (travel plans, addresses, phone numbers) for any overnight travel outside of Connecticut. Check the second box if you want to prohibit travel outside of Connecticut for a certain number of days without the other parent's written consent or a court order.

C & D. General Responsibilities and Information Sharing

These sections contain standard clauses that establish the ground rules for co-parenting. They cover behavior, communication, and access to important information about your children.

E. Methods for Resolving Disputes

This section outlines a plan for how you will handle future disagreements about major parenting decisions, with the goal of avoiding court.

Methods for Resolving Disputes: (Select one): If you have joint legal custody, you must choose a method for resolving disputes. The first option is to agree to use a specific neutral third party, such as a mediator or parenting coordinator. You should write that person's or organization's name on the line. The 'Other' option allows you to specify a different process. Example: If you agree to use a specific mediator, enter their name: 'Jane Doe, Esq.' ⚠️ If you leave this blank, your only option for resolving a dispute may be to file a motion with the court, which is time-consuming and expensive.

F. Financial Responsibilities (Child Support Orders)

This is a highly detailed section covering all financial orders related to the children. It is based on the Connecticut Child Support Guidelines.

1. Current Support: Based on your CCSG-1 worksheet, check who will pay support (plaintiff or defendant), the dollar amount, and the frequency (weekly or monthly). Then, check whether this amount 'follows' the Guidelines or 'does not follow' the Guidelines. If it does not follow, you must provide a specific, legally acceptable reason (a 'deviation criterion') from the Guidelines. Example: The plaintiff will pay $250 weekly to the other parent. The Current Support amount follows the amount required by the Guidelines.

3. Health Care Coverage Contribution: (Select all that apply): Indicate which parent will provide medical and/or dental insurance. Then specify how (e.g., keeping current coverage). If one parent pays the other for the cost of premiums ('Cash Medical Support'), enter that amount. Finally, state whether your overall health care contribution arrangement follows the Guidelines or not, and provide a reason if it deviates.

4. Unreimbursed Health Care Expenses: Enter the percentage that the Plaintiff and Defendant will each pay for any medical, dental, or other health care costs not covered by insurance. These percentages are found on your CCSG-1 worksheet. State whether this percentage split follows the Guidelines. Example: The Plaintiff will pay 45% and the Defendant will pay 55% of any health care expenses...

5. Child Care Contribution: Enter the percentage that the Plaintiff and Defendant will each pay for qualifying, work-related child care costs. These percentages are also found on your CCSG-1 worksheet. State whether this percentage split follows the Guidelines.

G, H, & I. Withholding Orders, Additional Terms, and Tax Exemptions

These sections cover how child support is collected, provide space for any unique agreements, and determine who can claim the children on their taxes.

The parents agree to: (Select one): Choose between an 'immediate' or 'contingent' income withholding order. 'Immediate' means child support will be automatically deducted from the paying parent's wages. 'Contingent' means withholding will only start if the paying parent falls 30 or more days behind on payments. ⚠️ An immediate withholding order is required by law unless both parties agree in writing to a contingent order and the court approves.

H. Additional Agreement Terms: Use this space for any other agreements you have that are not covered elsewhere in the form. This could include agreements about the children's college education, a 'right of first refusal' for child care, rules about new partners, or social media posting.

I. Tax Exemptions: (Select one): Choose how you will handle claiming the children as dependents on your taxes. You can agree to follow the law (which generally gives the exemption to the parent with whom the child lives more than half the year), or you can specify an 'Other' arrangement, such as alternating years. Example: Other: Plaintiff shall claim the minor child in all even-numbered tax years and Defendant shall claim the minor child in all odd-numbered tax years.

J. Complete Agreement

This is the final signature page. Your signatures certify that you have read, understood, and voluntarily agree to all terms in the 7-page document.

Plaintiff's signature: The Plaintiff signs here.

Plaintiff (Print name): The Plaintiff prints their name here.

Date signed: The Plaintiff enters the date they signed the document.

Defendant's signature: The Defendant signs here.

Defendant (Print name): The Defendant prints their name here.

Date signed: The Defendant enters the date they signed the document.

Common Mistakes to Avoid

1. Being Too Vague: Using phrases like 'reasonable access' or 'as the parents may agree' for parenting time or holidays. This is a recipe for future conflict. Be specific with days, times, and locations.
2. Forgetting the Child Support Worksheet: Failing to complete and attach the Worksheet for the Connecticut Child Support and Arrearage Guidelines (CCSG-1). The court cannot approve your financial agreement without it.
3. Incorrectly Deviating from Guidelines: Checking the box that your child support amount 'does not follow the Guidelines' but failing to provide a valid, specific reason for the deviation. The court will likely reject this.
4. Ignoring Transportation: Not specifying who is responsible for pickup and drop-off. This is a common source of arguments. Clearly define the responsibilities.
5. Incomplete Holiday Schedule: If you use the holiday chart, you must fill in the parent, the year (even/odd), AND the start/end times. Leaving the times blank creates ambiguity.
6. Signing an Incomplete Form: Both parties signing the document before all sections are filled out and agreed upon. Never sign a blank or partially completed agreement.

Frequently Asked Questions

What is the difference between legal custody and physical custody in Connecticut? Legal custody (Section A) refers to the right to make major decisions for your child, such as education, religious upbringing, and non-emergency medical care. Physical custody (Section B) refers to the day-to-day parenting schedule and where the child primarily resides. It's very common for parents to share joint legal custody even if one parent has primary physical custody.

Do we have to use the detailed holiday schedule in the form? No, you can check the first box in Section B.3, which states that 'The parents will share holidays as they may agree from time to time.' However, this relies on your ability to cooperate. A detailed, pre-set schedule, while more work upfront, can prevent significant conflict and stress down the road, especially for the first few years after separation.

What happens if my co-parent and I cannot agree on a parenting plan? If you cannot reach an agreement, the court will intervene. A judge may order you to attend mediation with a neutral third party to help you resolve your differences. If mediation fails, the court may appoint a Guardian Ad Litem (GAL) or an Attorney for the Minor Child (AMC) to represent the children's interests, or order a full custody evaluation. Ultimately, if no agreement can be reached, a judge will hold a hearing or trial and make a decision for you based on the best interests of the child.

Can we change this parenting plan in the future? Yes, a parenting plan can be modified. However, to change a final court order, you must file a Motion for Modification with the court and prove that there has been a 'substantial change in circumstances' since the last order was entered. The court must also find that the requested change is in the child's best interest. It is not a simple process, which is why it's so important to be thorough and thoughtful when creating the initial plan.

Next Steps

After you and your co-parent have completely filled out and signed the Custody Agreement and Parenting Plan:

1. Make Copies: Make at least three copies of the entire signed agreement and all attachments (like the CCSG-1 worksheet). One copy is for you, one is for your co-parent, and the original will be for the court.
2. File with the Court: Take the original signed agreement to the Superior Court Clerk's office in the Judicial District where your case is filed. The clerk will add it to your official case file.
3. Attend the Court Hearing: Bring your copy of the agreement to your final divorce or custody hearing. The judge will review the agreement to ensure it is in the best interests of the children and complies with Connecticut law.
4. Obtain the Court Order: If the judge approves your agreement, they will sign it, and it will be incorporated into your final judgment. At that moment, your agreement becomes a legally binding and enforceable court order.