In most states the parents can set out a custody agreement as part of their divorce application which is presented to the court. The courts do allow parents to make their own agreement but that does not mean the court will agree to that agreement.
Note that some states do not allow separation agreements to contain agreement as to child custody and other states require a separate section within the separation agreement which deals only with child custody. This separate section is referred to as a ‘parenting plan agreement’.
Whether the separation agreement contains a custody agreement or it is a separate section as part of the agreement, the court has the power to accept, reject or amend any custody agreement reached by the parents.
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