Child Custody Agreement - Virginia
CHILD CUSTODY AGREEMENT
Commonwealth of Virginia
Before you use this: Attach the completed schedules and check any existing custody, visitation, protection, or support order. This agreement does not change a court order unless the court approves a change.
This Child Custody Agreement is made on [__/__/____] by [PARENT A FULL NAME] and [PARENT B FULL NAME]. The parents agree to the following arrangements for their child or children, subject to any controlling court order and the court's determination of their best interests. Va. Code §§ 20-124.2, 20-124.3.
1. Children and existing orders
| Child's full name | Date of birth | Current primary residence |
|---|---|---|
| [________________________________] | [__/__/____] | [________________________________] |
| [________________________________] | [__/__/____] | [________________________________] |
| [________________________________] | [__/__/____] | [________________________________] |
Existing custody or visitation case: [COURT], case no. [NUMBER]; order dated [__/__/____]. If none, write NONE: [________________________________].
Existing protection order affecting contact or exchanges: [COURT, CASE NUMBER, DATE, AND RELEVANT TERMS / NONE]. This agreement shall be carried out consistently with that order.
Safety conditions proposed for court review, if needed: supervised time [PERSON, PLACE, HOURS / NONE]; protected exchange [PLACE AND METHOD / NONE]; protected address or communication [DETAILS / NONE]. Facts relevant to any history of abuse must be presented to the court for its best-interests review under Va. Code § 20-124.3(9).
2. Custody and decisions
The parents propose [joint legal / joint physical / sole] custody as follows. Virginia law distinguishes joint legal authority, shared physical care, and sole custody; no form of custody has a statutory presumption. Va. Code §§ 20-124.1, 20-124.2(B).
- Legal decisions about education, nonemergency health care, and other major matters: [IDENTIFY THE DECISION MAKER(S) AND HOW THEY WILL CONSULT].
- The child's residence during the school year: [PARENT AND ADDRESS].
- Each parent may make ordinary day-to-day decisions while the child is in that parent's care, consistent with any court order.
- For an urgent health or safety issue, the parent with the child may obtain needed care and will notify the other parent as soon as practical, subject to any protective order.
3. Regular parenting schedule
The following schedule begins [__/__/____]. Enter precise start and end times, including school-day exchanges. If an existing order supplies a different schedule, that order controls until changed by the court.
| Period | Parent responsible | Start and end time | Exchange place or school arrangement |
|---|---|---|---|
| School weekdays | [________________] | [________________] | [________________] |
| Weekends | [________________] | [________________] | [________________] |
| Other recurring period | [________________] | [________________] | [________________] |
Transportation to each exchange: [PARENT / ALLOCATION]. If an exchange cannot occur as planned, the parents will promptly discuss a safe alternative. An agreed make-up period is [METHOD OR NONE]; unresolved changes remain subject to the controlling order and court review.
Optional first offer of care: ☐ None ☐ A parent who needs alternate care during scheduled time for more than [NUMBER] consecutive hours will first offer that period to the other parent by [METHOD], allowing [NUMBER] hours for a reply. Safety conditions and exceptions: [DETAILS].
4. Holidays, school breaks, and vacations
The completed table overrides the regular schedule only for the listed period. Specify the year pattern and exact exchange times.
| Holiday or break | Odd years | Even years | Start, end, and exchange location |
|---|---|---|---|
| [________________] | [PARENT] | [PARENT] | [________________] |
| [________________] | [PARENT] | [PARENT] | [________________] |
| [________________] | [PARENT] | [PARENT] | [________________] |
Vacation: Parent A may request [NUMBER] days and Parent B may request [NUMBER] days each year. A request must give [NUMBER] days' written notice and include dates and contact information. If requested dates overlap, the parents will resolve the conflict in writing; absent agreement, the existing order controls.
5. Communication and records
Reasonable phone or video contact with the child during the other parent's time will occur at [TIMES / METHOD], subject to the child's needs and any protective order. The parents will use [EMAIL / PARENTING APPLICATION / OTHER] for scheduling and significant child-related information.
Each parent may request the child's academic, health, and child-care records under Va. Code § 20-124.6, subject to a court order for good cause and the health-record exception in subsection B. The parents will share school notices and appointment information at [METHOD AND TIMING].
6. Relocation and address changes
Any custody or visitation order must contain a condition requiring a party intending to relocate or change address to give the court and the other party 30 days' advance written notice, unless the court orders otherwise for good cause. The order may specify the notice form and content. Va. Code § 20-124.5. Each parent will comply with the actual order; this agreement does not itself authorize a change in custody or schedule following a move.
Current notice address for Parent A: [________________________________].
Current notice address for Parent B: [________________________________].
7. Support and expenses
Child support is governed by the existing support order, if any: [COURT, CASE NUMBER, ORDER DATE / NONE]. This agreement does not change that obligation. The parents' voluntary arrangement for expenses not covered by an order is: [EXPENSE, SHARE, PAYMENT METHOD, AND DUE DATE / NONE]. A court may order support and health coverage when considering custody. Va. Code § 20-124.2(C).
8. Disagreements and court review
The parents will first try to resolve a scheduling disagreement in writing, if safe and practical. They may use mediation if both agree or the court directs it. If they cannot agree, either may ask the appropriate court for relief. The court retains authority to enforce its custody or visitation order and may revise a decree concerning care, custody, and maintenance as the children's benefit and circumstances require. Va. Code §§ 20-124.2(E), 20-108. Neither parent gains an automatic fee award, custody change, contempt finding, or suspension of parenting time from this agreement alone.
Changes proposed by the parents should be written, dated, and signed by both. A proposed change to a court order must be submitted to the court for approval before it replaces the order.
9. Signatures
The parents have read the completed agreement and attached schedules. They request court approval of its custody and visitation terms if an order is needed or an existing order must change.
| Parent A | Parent B |
|---|---|
| Signature: [________________________________] | Signature: [________________________________] |
| Printed name: [________________________________] | Printed name: [________________________________] |
| Date: [__/__/____] | Date: [__/__/____] |
Proposed court approval
After review of the children's best interests, the Court ☐ approves and incorporates the completed custody and visitation terms as an order ☐ approves them subject to the following changes, which control over inconsistent terms above: [DETAILS] ☐ declines approval. Any existing protection or support order remains in effect except as expressly changed by a valid order. The order shall include the relocation notice condition in Va. Code § 20-124.5, unless the Court orders otherwise for good cause.
Ordered legal custody: [DETAILS]. Ordered physical custody and schedule: [DETAILS OR INCORPORATED SECTIONS]. Additional safety or exchange terms: [DETAILS].
Date: [__/__/____] Judge: [SIGNATURE]
Sources and References
About this template
- Last updated
- October 23, 2026
- Citations checked
- October 23, 2026
- Jurisdiction
- Virginia
- Category
- Family Law
Legal authority
- Va. Code § 20-124.1 (joint and sole custody definitions)
- Va. Code § 20-124.2 (court-ordered custody and visitation)
- Va. Code § 20-124.3 (best interests factors)
- Va. Code § 20-124.5 (relocation notice in custody orders)
- Va. Code § 20-124.6 (parental access to minor's records)
- Va. Code § 20-108 (revision of custody decrees)
Family law covers the paperwork that shapes divorce, custody, child support, adoption, guardianship, and other family matters. These filings are emotional and high-stakes, and they also have to meet strict procedural rules for service, financial disclosure, and parenting plans. Clean, accurate paperwork keeps the focus on getting a workable outcome for the family instead of getting derailed by technical problems that delay hearings or force amended filings.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 23, 2026.
Va. Code § 20-124.1 (checked October 23, 2026): ""Joint custody" means (i) joint legal custody where both parents retain joint responsibility for the care and control of the child and joint authority to make decisions concerning the child even though the child's primary residence may be with only one parent, (ii) joint physical custody where both parents share physical and custodial care of the child, or (iii) any combination of joint legal and joint physical custody which the court deems to be in the best interest of the child."
Va. Code § 20-124.2(B) (checked October 23, 2026): "The court shall consider and may award joint legal, joint physical, or sole custody, and there shall be no presumption in favor of any form of custody."
Va. Code § 20-124.3 (checked October 23, 2026): "In determining best interests of a child for purposes of determining custody or visitation arrangements"
Va. Code § 20-124.5 (checked October 23, 2026): "In any proceeding involving custody or visitation, the court shall include as a condition of any custody or visitation order a requirement that thirty days' advance written notice be given to the court and the other party by any party intending to relocate and of any intended change of address, unless the court, for good cause shown, orders otherwise."
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