For the most part, you may. Be aware that some states do not allow separation agreements regarding the issues of child custody. Other states require an additional agreement concerning custody, which is called “parenting plan agreements." In most cases you are permitted to outline the custody arrangements in the separation agreement and have the agreement incorporate or merge the parenting agreement, which further address the custody details.

The court will decide for you. You should try to work it out. Negotiation is always better than imposition. If you leave it up to the court to decide, you are including the element of surprise. You can never tell what a judge may decide and you may discover that it is neither what you, your spouse, or your child(ren) desire. No one understands your family better than you and/or your spouse, so to leave the decision(s) up to a judge is often a regrettable option.