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Creating a custody agreement with your spouse can be challenging, but it's preferable to going to court. Max Ruthenberg Marshall, an attorney and founder of Porchlight, discusses how to document a custody agreement without litigation. In every divorce involving children, a parenting plan must be filed, outlining custody arrangements. This plan includes physical custody—detailing which parent the child will stay with and the schedule for holidays and parenting time—and legal custody, determining decision-making responsibilities. It can also establish a 50/50 schedule, school enrollment zones, and communication guidelines between parents regarding the children.