CHILD CUSTODY AND VISITATION AGREEMENT

(District of Columbia – Superior Court, Family Division)

[// GUIDANCE: Replace all bracketed, bolded placeholders before execution. Ensure final agreement is filed in compliance with D.C. Superior Court Domestic Relations Rule 5 and is approved by the Court before it is enforceable.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title and Parties.
This Child Custody and Visitation Agreement (the “Agreement”) is entered into by and between [FULL LEGAL NAME OF PARENT A], residing at [ADDRESS] (“Parent A”), and [FULL LEGAL NAME OF PARENT B], residing at [ADDRESS] (“Parent B,” and together with Parent A, the “Parties”), with respect to the minor child(ren) identified below.

1.2 Children Covered.
Name(s) and Date(s) of Birth:
• [CHILD 1 FULL NAME], DOB: [MM/DD/YYYY]
• [CHILD 2 FULL NAME], DOB: [MM/DD/YYYY]
(each, a “Child,” and collectively, the “Children”).

1.3 Recitals.
A. The Parties are the biological/legal parents of the Children.
B. The Parties desire to resolve all issues of legal custody, physical custody, and visitation in accordance with the best interests of the Children under District of Columbia law.
C. The Parties intend that this Agreement be submitted to, and incorporated into, a Final Order of Custody by the Superior Court of the District of Columbia, Family Division (the “Court”).

1.4 Effective Date.
This Agreement shall become effective on the date it is signed by the last Party to execute (the “Effective Date”) and approved by the Court.

1.5 Governing Law & Jurisdiction.
This Agreement is governed by the domestic relations laws of the District of Columbia (the “Governing Law”). Exclusive jurisdiction and venue for any action to enforce or modify this Agreement shall lie in the Superior Court of the District of Columbia, Family Division (the “Family Court”).

2. DEFINITIONS

For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Defined terms apply equally to singular and plural forms.

“Alternate Residential Schedule” – the physical custodial arrangement that applies during holidays, school breaks, and special occasions, superseding the Standard Residential Schedule.

“Best Interest Factors” – the statutory considerations applied by the Family Court in determining custody, including but not limited to: (i) the wishes of the Child; (ii) the wishes of each parent; (iii) the Child’s relationship with parents, siblings, and significant others; (iv) the Child’s adjustment to home, school, and community; (v) the mental and physical health of all individuals involved; (vi) evidence of parental misconduct affecting the Child; and (vii) any other factor the Court deems relevant.

“Decision-Making Authority” – the right and responsibility to make major life decisions for the Child concerning education, medical care, religion, and extracurricular activities.

“Joint Legal Custody” – an arrangement whereby both Parents share Decision-Making Authority.

“Physical Custody” – the schedule allocating the Child’s physical residence with each Parent.

“Relocation” – any change to a Parent’s principal residence that would materially impair the current custodial schedule or the non-relocating Parent’s access to the Child.

“Standard Residential Schedule” – the repeating week-to-week allocation of overnight custodial periods during the academic year.

3. OPERATIVE PROVISIONS

3.1 Legal Custody.
The Parties agree to Joint Legal Custody. They shall consult in good faith and endeavor to reach consensus on all major decisions. Neither Parent shall unreasonably withhold consent.

3.2 Physical Custody & Visitation.

3.2.1 Standard Residential Schedule.
• Week 1: Parent A – [SPECIFY DAYS/OVERNIGHTS]
• Week 2: Parent B – [SPECIFY DAYS/OVERNIGHTS]
[// GUIDANCE: Structure schedules with clarity; use tables or calendars in an attached Exhibit if preferred.]

3.2.2 Alternate Residential Schedule.
a. Holidays. The Parties shall alternate [NAME OF HOLIDAY], [NAME OF HOLIDAY], etc., on an even/odd-year basis, beginning [YEAR] with [PARENT].
b. School Breaks. Spring Break shall be with [PARENT] in even-numbered years and with [PARENT] in odd-numbered years.
c. Birthdays. The Child’s birthday shall be shared from [TIME] to [TIME], or as otherwise agreed in writing.

3.2.3 Exchange Logistics.
• Exchange Location: [ADDRESS/NEUTRAL SITE]
• Exchange Time: [TIME]
• Transportation Responsibility: [PARENT] for pick-up; [PARENT] for drop-off.
• Grace Period: [MINUTES] after scheduled time before a Parent is deemed late.

3.2.4 Virtual Contact.
Each Parent shall facilitate reasonable phone/video communication not exceeding [DURATION] per day during the other Parent’s custodial time, provided it does not interfere with the Child’s regular schedule.

3.3 Child Support.
[// GUIDANCE: Omit if addressed separately. If included, insert statutory calculation reference and attach a Child Support Worksheet as Schedule 1.]

3.4 Health Care.
a. Coverage. [PARENT] shall maintain comprehensive health, dental, and vision insurance for the Children.
b. Uninsured Expenses. Parents shall share uncovered medical expenses [PERCENTAGE SPLIT, e.g., 50/50] within [DAYS] of receipt of documentation.

3.5 Education.
a. School Enrollment. The Children shall attend [NAME OF SCHOOL] unless both Parents agree otherwise in writing or the Court orders a change.
b. Access to Records. Both Parents are entitled to receive copies of all school records and to communicate with teachers and administrators.

3.6 Extracurricular Activities.
Enrollment in activities costing more than [$ AMOUNT] per season requires joint written consent. The Parent in possession during an activity shall ensure the Child’s attendance.

3.7 Relocation.
a. Notice. A Parent intending Relocation must provide [60/90] days’ prior written notice, specifying the proposed new address, reasons for the move, and a proposed revised custodial schedule.
b. Negotiation/Mediation First. Within [15] days of notice, the Parents shall confer in good faith to negotiate a revised schedule; failing agreement, they shall engage a mediator within [30] days.
c. Court Determination. If unresolved, either Parent may petition the Family Court. The relocating Parent bears the burden of demonstrating that Relocation is in the Children’s best interests.

3.8 Travel Outside the District.
Neither Parent shall travel with the Children outside the United States without the other Parent’s prior written consent or Court order. Each Parent shall provide the other with itinerary, emergency contact information, and copies of travel documents at least [14] days in advance.

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity and Authority. Each Parent represents that:
a. they are the legal parent or guardian of the Children;
b. they have full authority to enter into and perform this Agreement;
c. no other custody order concerning the Children is currently in effect except as set forth herein.

4.2 Disclosure. Each Parent warrants that they have fully disclosed any fact or circumstance known to them that could materially affect the Children’s welfare, including any pending criminal charges or investigations involving child safety.

4.3 No Interference. Each Parent warrants that they shall not interfere with the other’s custodial time or Decision-Making Authority except as permitted under this Agreement or required by law.

4.4 Survival. The foregoing representations and warranties shall survive the execution of this Agreement and remain in effect for so long as this Agreement is in force.

5. COVENANTS & RESTRICTIONS

5.1 Non-Disparagement. Neither Parent shall disparage the other in the presence of the Children or permit third parties to do so.

5.2 Information Sharing. Each Parent shall promptly provide the other with copies of all medical, educational, and extracurricular information and shall list the other Parent as an emergency contact whenever permitted.

5.3 Substance Use. Neither Parent shall consume alcohol to excess or use illegal substances during or within [X] hours prior to custodial time. Prescription medication that impairs judgment shall be used only in accordance with medical advice.

5.4 Firearms. Firearms in a Parent’s home or vehicle must be stored unloaded, locked, and inaccessible to the Children.

5.5 Notification of Health/Safety Emergencies. A Parent shall notify the other within [2] hours of any serious illness, injury, or emergency involving the Children.

6. DEFAULT & REMEDIES

6.1 Events of Default. A Parent is in default if he or she:
a. fails to deliver the Children as required;
b. unreasonably withholds required consent;
c. violates a material covenant herein; or
d. engages in conduct that endangers the Children’s health or safety.

6.2 Notice & Cure. The non-defaulting Parent shall provide written notice detailing the alleged default. The defaulting Parent has [10] days to cure, except in emergencies involving safety, where immediate relief may be sought.

6.3 Remedies.
a. Specific Performance. The Parties agree that custodial time is unique; therefore, specific performance and injunctive relief are appropriate remedies.
b. Contempt. Repeated or willful violations may be enforced through the Court’s contempt powers, including make-up time, attorney’s fees, and sanctions.
c. Attorney’s Fees. A defaulting Parent shall reimburse the prevailing Parent for reasonable attorney’s fees and costs incurred to enforce this Agreement.

7. RISK ALLOCATION

7.1 Child-Welfare Priority Indemnification. Each Parent shall indemnify, defend, and hold harmless the other from any third-party claims, fines, or costs arising from that Parent’s breach of obligations concerning the Child’s safety, healthcare, or lawful custody, except to the extent caused by the other Parent’s own misconduct.

7.2 Insurance. Each Parent shall maintain homeowner’s or renter’s insurance with a minimum personal liability limit of [$ AMOUNT] and shall furnish proof upon request.

7.3 Force Majeure. A Parent’s failure to comply due to events beyond reasonable control (e.g., natural disaster, pandemic-related restrictions) is excused only for the duration of the event and only if that Parent promptly notifies the other and takes reasonable steps to resume compliance.

8. DISPUTE RESOLUTION

8.1 Good-Faith Negotiation. The Parties shall first attempt to resolve disputes through direct discussion.

8.2 Mediation. If negotiation fails, the Parties shall participate in at least [4] hours of mediation with a mediator experienced in family law before filing any motion, except in emergencies affecting the Child’s safety.

8.3 Limited Arbitration Availability. The Parties acknowledge that issues of custody are not subject to binding arbitration absent Court approval. By mutual written agreement, they may submit discrete parenting-time disputes (excluding best-interest determinations) to non-binding arbitration. The arbitrator’s recommendation may be filed with the Court for approval.

8.4 Court Intervention. If mediation (and any permitted arbitration) fails, either Party may petition the Family Court for appropriate relief, including modification consistent with the Best Interest Factors.

8.5 Jury Waiver. The Parties acknowledge that custody matters are adjudicated without a jury in the Family Court.

8.6 Injunctive Relief. Nothing herein limits either Parent’s right to seek immediate injunctive relief to protect the Child or to prevent unlawful removal or concealment.

9. GENERAL PROVISIONS

9.1 Modification. This Agreement may be modified only by (a) written instrument signed by both Parents and approved by the Court, or (b) Court order.

9.2 Waiver. No waiver of any breach shall be deemed a waiver of any subsequent breach.

9.3 Assignment. Custodial rights and obligations are personal to each Parent and may not be assigned or delegated.

9.4 Severability. If any provision is held unenforceable, the remaining provisions shall remain in full force, and the unenforceable term shall be replaced by a valid term that most closely reflects the Parties’ intent.

9.5 Integration. This Agreement constitutes the entire understanding of the Parties with respect to custody and visitation and supersedes all prior agreements, whether oral or written.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and all of which constitute one instrument. Signatures transmitted electronically or by facsimile are binding.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

[Optional Notary Block—District of Columbia]
State/District of __
County of ___

Subscribed and sworn before me on this ___ day of ____, 20__, by [PARENT A NAME] and [PARENT B NAME].

Notary Public
My Commission Expires: ______

[// GUIDANCE: File a Parenting Plan/Information Sheet concurrently with this Agreement in accordance with local rules. Attach any additional Exhibits (e.g., detailed calendar, child support worksheet) referenced herein.]