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DocHubing a custody agreement with your spouse can be challenging, but it's preferable to allowing a judge to decide your family's future. Max Ruthenberg Marshall, an attorney and founder of Porchlight, explains the process of creating a custody agreement without going to court. Every divorce involving children requires a parenting plan, which outlines the custody arrangements, including physical custody (which parent the child stays with on which days), holiday parenting time, and legal custody (who makes decisions for the children). The plan may also detail communication rules between parents and specifics like a 50/50 schedule or the child's school enrollment.