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DocHubing a custody agreement with your spouse is challenging, but preferable to court involvement. Max Ruthenberg Marshall, an attorney, discusses how to create a custody agreement without going to court. Every divorce with children requires filing a parenting plan, which outlines the custody arrangement, including physical custody (which parent the child stays with on specific days and holidays) and legal custody (who makes decisions for the child). The plan may also detail a 50/50 schedule, the child's school zone, and communication rules regarding interactions with the children.