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Creating a custody agreement with your spouse is challenging, but it is preferable to having a judge make decisions for you and your children. In this tutorial, attorney Max Ruthenberg Marshall discusses how to document a custody agreement without going to court. Every divorce involving children requires filing a parenting plan, which outlines the custody arrangement. This document defines physical custody, including which parent the child will be with and the schedule for holidays and parenting time, as well as legal custody and decision-making responsibilities. It may also establish a 50/50 schedule and communication guidelines regarding interactions with the children.