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Custody agreements can only exist when there is both a custodial and non-custodial parent.  The custodial parent must live with the child more than half the year.  The non-custodial parent did not live with the child.

When both parents live with the child there is no non-custodial parent, so no custody agreement can exist.
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**