CHILD CUSTODY AND VISITATION AGREEMENT

(Commonwealth of Virginia)

TABLE OF CONTENTS

1. Document Header .......................................................... 2
2. Definitions .................................................................... 3
3. Operative Provisions .................................................... 4
4. Representations & Warranties ...................................... 9
5. Covenants & Restrictions ............................................. 10
6. Default & Remedies ....................................................... 12
7. Risk Allocation .............................................................. 13
8. Dispute Resolution ....................................................... 13
9. General Provisions ....................................................... 15
10. Execution Block .......................................................... 17

I. DOCUMENT HEADER

1.1 Title and Parties

This Child Custody and Visitation Agreement (the “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [PARENT A LEGAL NAME], residing at [ADDRESS] (“Parent A”); and
• [PARENT B LEGAL NAME], residing at [ADDRESS] (“Parent B”).

Parent A and Parent B are each a “Party” and, collectively, the “Parties.”

1.2 Recitals

A. The Parties are the biological/legal parents of the minor child(ren) identified in Section 2.1.
B. The Parties desire to establish a comprehensive parenting plan that serves the best interests of the child(ren) pursuant to Va. Code Ann. §§ 20-124.2 & 20-124.3 (2024).
C. This Agreement is intended to be incorporated, but not merged, into any final order of the [NAME OF VIRGINIA CIRCUIT COURT] (“Family Court”), subject to the continuing jurisdiction of that court.

1.3 Consideration

Mutual promises and covenants herein constitute good and valuable consideration, the sufficiency of which is acknowledged.

1.4 Governing Law and Jurisdiction

This Agreement shall be governed by, construed, and enforced in accordance with the domestic relations laws of the Commonwealth of Virginia. Exclusive jurisdiction and venue lie with the Family Court.

II. DEFINITIONS

Unless the context requires otherwise, capitalized terms have the meanings set forth below:

“Agreement” – This Child Custody and Visitation Agreement, including all Exhibits and Schedules.
“Best Interests Factors” – The statutory factors enumerated in Va. Code Ann. § 20-124.3 (2024).
“Child” or “Children” – The minor child(ren) listed in Section 2.1.
“Custodial Exchange Location” – The physical location designated in Section 3.5.
“Holiday Schedule” – The parenting-time allocation set forth in Exhibit B.
“Legal Custody” – The authority and responsibility to make major decisions concerning the Child’s welfare.
“Parenting Time” – Court-recognized physical custodial periods granted to a Party.
“Physical Custody” – The routine daily care and control of the Child.
“Relocation” – A change in the Child’s primary residence exceeding [XX] miles or crossing state lines, as detailed in Section 3.7.
“Right of First Refusal” – The obligation to offer additional parenting time to the other Party before securing third-party childcare under Section 3.6.

[// GUIDANCE: Add/delete definitions to align with client terminology.]

III. OPERATIVE PROVISIONS

3.1 Custody Framework

3.1.1 Legal Custody. The Parties shall share joint legal custody of the Child, requiring mutual consultation on educational, medical, religious, and extracurricular matters.
3.1.2 Physical Custody.
 (a) Primary Residence. The Child’s primary residence shall be with [PRIMARY RESIDENTIAL PARENT].
 (b) Parenting-Time Schedule. Parenting time for the non-residential parent shall follow Section 3.2 and Exhibit A.

3.2 Regular Parenting-Time Schedule

Week‐on/week-off [or] alternating-weekend schedule as detailed in Exhibit A. Transportation responsibilities are allocated per Section 3.5.

[// GUIDANCE: Insert a precise breakdown—days, start/end times, and any mid-week overnights.]

3.3 Holiday & Vacation Schedule

The Holiday Schedule in Exhibit B supersedes the Regular Parenting-Time Schedule. Each Party is entitled to [XX] consecutive vacation days annually upon sixty (60) days’ prior written notice.

3.4 Decision-Making Protocol

(a) Day-to-Day Decisions – Made by the parent in physical possession of the Child.
(b) Major Decisions – Require joint written consent. In the event of impasse, Parties shall utilize the dispute escalation in Section 8.3.

3.5 Transportation & Custodial Exchanges

(a) Exchange Location. [DESIGNATED LOCATION] unless otherwise agreed in writing.
(b) Punctuality. A fifteen (15)-minute grace period applies; repeated tardiness (>3 instances/quarter) constitutes a default under Section 6.1(e).
(c) Safety Restraints. All exchanges shall comply with Virginia motor-vehicle child-safety laws.

3.6 Right of First Refusal

A Party who requires third-party childcare for a period exceeding [INSERT HOURS] shall first offer the parenting opportunity to the other Party via text/email. Acceptance must be confirmed within [X] hours.

3.7 Relocation

(a) Statutory Notice. A relocating Party shall provide the other Party and the Family Court at least thirty (30) days’ advance written notice of any proposed Relocation, in strict conformity with Va. Code Ann. § 20-124.5 (2024).
(b) Consent or Court Approval. The Child shall not relocate absent (i) the non-relocating Party’s written consent, or (ii) court order after application of the Best Interests Factors.

3.8 Communication & Access

(a) Electronic Contact. Each Party may engage in reasonable video/telephone calls during non-custodial periods, not to exceed [DURATION] per day absent consent.
(b) Records Access. Both Parties have equal rights to the Child’s academic, health, and extracurricular records pursuant to Va. Code Ann. § 20-124.6 (2024).

3.9 Child Support & Expenses

[OPTION 1] Child support shall be determined under a separate court order.
[OPTION 2] Parent [A/B] shall pay guideline support of $[AMOUNT] on the [DATE] of each month. Extraordinary medical, educational, and extracurricular expenses shall be shared [PERCENTAGE SPLIT].

[// GUIDANCE: Select the option consistent with client’s posture and attach Support Worksheet if needed.]

3.10 Health Care

Each Party shall maintain health insurance for the Child if available at reasonable cost and shall promptly exchange insurance cards and explanation-of-benefits statements.

IV. REPRESENTATIONS & WARRANTIES

4.1 Capacity and Authority. Each Party represents that he/she:
(a) is the legal parent or guardian of the Child;
(b) has full authority to enter into and perform this Agreement; and
(c) is not under any impairment affecting his/her ability to parent.

4.2 Disclosure. Each Party warrants that no material fact relevant to the Child’s welfare has been withheld.

4.3 Compliance with Orders. Each Party represents that this Agreement does not violate any existing protective or custody order.

4.4 Survival. The representations and warranties in Sections 4.1–4.3 survive execution and remain in effect throughout the Child’s minority.

V. COVENANTS & RESTRICTIONS

5.1 Best-Interests Compliance. The Parties shall conduct themselves consistently with the Best Interests Factors, prioritizing:
• the Child’s needs;
• ongoing contact with both parents; and
• the Child’s safety and emotional well-being.

5.2 Non-Disparagement. The Parties shall refrain from disparaging the other Party in the presence or hearing of the Child.

5.3 Address & Contact Updates. Each Party shall provide written notice of any change in residence, phone number, or email within five (5) days.

5.4 Substance Use. No Party shall consume alcohol to excess or use illegal substances during parenting time.

5.5 Firearms. All firearms shall be stored unloaded and locked in compliance with applicable Virginia law.

5.6 Travel Outside Virginia. International travel requires the non-traveling Party’s written consent or court order, plus itinerary and contact information at least thirty (30) days in advance.

VI. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute defaults:
(a) Violation of the Parenting-Time Schedule without good cause;
(b) Relocation without compliance with Section 3.7;
(c) Chronic interference with communication rights;
(d) Failure to pay court-ordered child support;
(e) Repeated tardiness per Section 3.5(b);
(f) Material breach of any covenant herein.

6.2 Notice & Cure. Non-defaulting Party shall provide written notice specifying the breach. The defaulting Party has ten (10) days to cure, unless the breach endangers the Child, in which case immediate court relief may be sought.

6.3 Remedies.
• Mediation per Section 8.2;
• Make-up parenting time;
• Attorney’s fees and costs;
• Contempt proceedings;
• Modification of custody;
• Any other relief deemed just by the Family Court.

VII. RISK ALLOCATION

7.1 Child-Welfare Priority. The Parties acknowledge that indemnification and liability caps are inappropriate in matters affecting child welfare. All obligations hereunder are subject to the continuing jurisdiction of the Family Court to modify or enforce as justice requires.

7.2 Force Majeure. Parenting-time obligations are suspended to the extent prevented by acts of God, natural disasters, or public emergencies, provided the affected Party gives prompt notice and proposes reasonable make-up time.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. Commonwealth of Virginia family law applies.

8.2 Mediation. Except in emergencies, disputes arising under this Agreement shall first be submitted to mediation with a Virginia Supreme Court-certified mediator. Costs shall be shared equally unless agreed otherwise.

8.3 Limited Arbitration. If mediation fails, property-related disputes (e.g., allocation of uninsured medical expenses) may be submitted to binding arbitration under Va. Code Ann. § 8.01-577 (2024), subject to Family Court confirmation. Custody and visitation determinations remain solely within the Family Court’s jurisdiction.

8.4 Injunctive Relief. Nothing herein limits either Party’s right to seek immediate injunctive relief, including ex parte relief, to protect the Child pending a custody-modification hearing.

8.5 No Jury Trial. Family Court proceedings are bench trials; the Parties expressly waive any jury demand to the extent one might otherwise exist.

IX. GENERAL PROVISIONS

9.1 Amendments. Modifications must be (i) in a writing signed by both Parties, and (ii) approved by the Family Court to be effective.

9.2 Waiver. Failure to enforce any provision is not a waiver of future enforcement.

9.3 Assignment. Parental rights and obligations are personal and non-assignable.

9.4 Severability. If any provision is held unenforceable, the remainder shall be given full effect, and the offending provision reformed to the minimum extent necessary.

9.5 Integration. This Agreement, together with any court order incorporating it, constitutes the entire understanding of the Parties concerning custody and visitation, superseding all prior agreements.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each deemed an original. Signatures delivered electronically (e.g., via PDF or e-signature platform) are binding.

9.7 Notice. All notices shall be in writing and delivered (i) by certified mail, return receipt requested; (ii) by nationally-recognized overnight courier; or (iii) electronically with confirmation of receipt, to the addresses stated above or as updated per Section 5.3.

X. EXECUTION BLOCK

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

NOTARY ACKNOWLEDGMENTS

Commonwealth of Virginia
County/City of ________

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared ____, known to me or satisfactorily proven to be the person whose name is subscribed herein and acknowledged that he/she executed the same for the purposes therein contained.

Notary Public: ___
My Commission Expires: ___
Notary ID No.: _______

(Repeat acknowledgment block for Parent B.)

EXHIBIT A

REGULAR PARENTING-TIME SCHEDULE
[Insert detailed weekly calendar.]

EXHIBIT B

HOLIDAY & SPECIAL OCCASION SCHEDULE
[List alternating holidays, school breaks, and attachment of odd/even-year chart.]

[// GUIDANCE: Attach additional exhibits (medical expense ledger, communication protocols, etc.) as client circumstances require.]