District of Columbia Custody Modification Agreement

CUSTODY MODIFICATION AGREEMENT

Superior Court of the District of Columbia — Family Court Operations Division

Case Number: [________________________________]

Related Case(s): [________________________________]

IMPORTANT DISTRICT OF COLUMBIA NOTICE

The District of Columbia is a federal district with its own family law code. Custody modification in D.C. requires a showing of a substantial and material change in circumstances since the entry of the prior custody order, and that the proposed modification serves the child's best interest. D.C. Code § 16-914(g). The burden of proof rests on the parent seeking modification.

Under the 2019 D.C. custody reform, a rebuttable presumption favoring joint custody applies unless the court finds, by a preponderance of the evidence, an intrafamily offense, child abuse, child neglect, or parental kidnapping. D.C. Code § 16-914(a)(2).

I. PARTIES AND CHILDREN

Parent A (Petitioner/Movant):
Full Legal Name: [________________________________]
Address: [________________________________]
Washington, D.C. [____]
Telephone: [________________________________]
Email: [________________________________]

Parent B (Respondent):
Full Legal Name: [________________________________]
Address: [________________________________]
Washington, D.C. [____]
Telephone: [________________________________]
Email: [________________________________]

Minor Child(ren) Subject to This Modification:

II. ORIGINAL CUSTODY ORDER BEING MODIFIED

This Modification Agreement amends the custody arrangement established in:

• Title of Original Order: [________________________________]
• Date of Original Order: [__/__/____]
• Court: Superior Court of the District of Columbia, Family Court Operations Division
• Case Number: [________________________________]
• Judge: The Honorable [________________________________]

The Original Order provided for: ☐ Joint legal custody ☐ Sole legal custody to Parent A ☐ Sole legal custody to Parent B ☐ Joint physical custody ☐ Sole physical custody to Parent A ☐ Sole physical custody to Parent B

All provisions of the Original Order remain in full force and effect except as expressly modified herein.

III. SUBSTANTIAL AND MATERIAL CHANGE IN CIRCUMSTANCES

Pursuant to D.C. Code § 16-914(g), the Parents acknowledge that the following substantial and material change(s) in circumstances have occurred since entry of the Original Order, warranting modification:

☐ Change in parent's employment or work schedule
☐ Relocation of a parent within the District of Columbia
☐ Relocation of a parent outside the District of Columbia
☐ Change in child's educational needs or school enrollment
☐ Change in child's medical, therapeutic, or developmental needs
☐ Child has reached an age where expressed preferences are appropriate for consideration per D.C. Code § 16-914(a)(3)(C)
☐ Improvement in previously restricted parent's circumstances (completion of treatment, counseling, or parenting classes)
☐ Deterioration in a parent's circumstances affecting the child's welfare
☐ Domestic violence or intrafamily offense as defined in D.C. Code § 16-1001
☐ Change in household composition (remarriage, cohabitation, new siblings)
☐ De facto parent status established under D.C. Code § 16-831.01 et seq.
☐ Other: [________________________________]

Detailed Description of Changed Circumstances:
[________________________________]
[________________________________]
[________________________________]

IV. MODIFIED CUSTODY ARRANGEMENT

A. Legal Custody Modification

Original Legal Custody Arrangement: [________________________________]

Modified Legal Custody Arrangement (select one):

☐ Joint Legal Custody — Both Parents shall share equally the right and responsibility to make major decisions regarding the child(ren)'s health, education, and general welfare. D.C. Code § 16-914(a)(1)(A). The rebuttable presumption under D.C. Code § 16-914(a)(2) applies.

☐ Sole Legal Custody to Parent A — Parent A shall have exclusive decision-making authority regarding major decisions.

☐ Sole Legal Custody to Parent B — Parent B shall have exclusive decision-making authority regarding major decisions.

Decision-Making Allocation (if joint legal custody):

B. Physical Custody Modification

Original Physical Custody Arrangement: [________________________________]

Modified Physical Custody Arrangement (select one):

☐ Joint Physical Custody — The child(ren) shall reside with both Parents according to the schedule in Section V below.

☐ Sole Physical Custody to Parent A — The child(ren) shall reside primarily with Parent A. Parent B shall have parenting time as scheduled in Section V below.

☐ Sole Physical Custody to Parent B — The child(ren) shall reside primarily with Parent B. Parent A shall have parenting time as scheduled in Section V below.

C. Reason Modification Serves Child's Best Interests

The Parents agree that this modification serves the child(ren)'s best interests as evaluated under the sixteen (16) factors of D.C. Code § 16-914(a)(3), specifically:
[________________________________]
[________________________________]
[________________________________]

V. MODIFIED PARENTING TIME SCHEDULE

A. Regular Schedule

Parent A's Parenting Time:
[________________________________]
[________________________________]

Parent B's Parenting Time:
[________________________________]
[________________________________]

Exchange Location: [________________________________]
(Common D.C. locations include the Moultrie Courthouse, 500 Indiana Avenue NW; Metropolitan Police District stations; or the child's school.)

Transportation Responsibility: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Shared equally ☐ Other: [________________________________]

B. Holiday Schedule Modifications

☐ No change to the holiday schedule in the Original Order.
☐ The holiday schedule is modified as follows:

C. Summer and Vacation Modifications

☐ No change to vacation provisions in the Original Order.
☐ Modified as follows: [________________________________]

VI. CHILD'S EXPRESSED PREFERENCES

Pursuant to D.C. Code § 16-914(a)(3)(C), the court shall consider "the wishes of the child as to the child's custodian, where practicable."

☐ The child(ren) are too young for expressed preferences to be considered.
☐ The child(ren) have expressed preferences, which the Parents have considered along with all other best-interest factors in reaching this Modification.
☐ The Parents request that the Court interview the child(ren) in chambers regarding their preferences.

VII. DOMESTIC VIOLENCE / INTRAFAMILY OFFENSE DISCLOSURE

Pursuant to D.C. Code § 16-914(a)(3)(L), the court shall consider "evidence of an intrafamily offense as defined in § 16-1001(8)."

☐ Neither Parent has been the subject of a Civil Protection Order (CPO) or intrafamily offense finding.
☐ A Civil Protection Order was issued on [__/__/____], Case No. [________________________________], and the following provisions apply to this modification: [________________________________]
☐ There is a history of intrafamily offense. If applicable, the presumption against joint custody under D.C. Code § 16-914(a)(2) has been addressed as follows: [________________________________]

VIII. MULTI-DOOR DISPUTE RESOLUTION AND MEDIATION

The District of Columbia Superior Court operates the Multi-Door Dispute Resolution Division, a court-connected mediation program unique to D.C. courts. Contact: (202) 879-3180.

☐ The Parents participated in mediation through the Multi-Door Dispute Resolution Division prior to reaching this agreement.
☐ The Parents participated in private mediation with [________________________________].
☐ The Parents reached this agreement through direct negotiation.
☐ Mediation was not appropriate due to: ☐ Intrafamily offense history ☐ Civil Protection Order ☐ Power imbalance ☐ Other: [________________________________]

Future Disputes: Before filing any motion to modify or enforce this Agreement, the Parents shall first attempt resolution through the Multi-Door Dispute Resolution Division, unless an exception applies due to domestic violence or emergency circumstances.

IX. PARENTING EDUCATION

Pursuant to D.C. Code § 16-914, the Court may order either or both parents to attend parenting classes.

☐ Both Parents have completed court-ordered parenting education classes.
☐ Parent A completed parenting education on [__/__/____]. Certificate attached.
☐ Parent B completed parenting education on [__/__/____]. Certificate attached.
☐ The Court has not ordered parenting education in this matter.
☐ The Parents voluntarily completed parenting education.

X. ADDITIONAL MODIFIED PROVISIONS

A. Communication Protocol

☐ No change from Original Order.
☐ Modified as follows: [________________________________]

B. Right of First Refusal

☐ No change from Original Order.
☐ Right of first refusal threshold changed to [____] hours.
☐ Right of first refusal added / removed.

C. Supervision Requirements

☐ No change from Original Order.
☐ Supervision removed based on: [________________________________]
☐ Supervision modified to: [________________________________]
☐ Supervision added due to: [________________________________]

D. Virtual Visitation / Remote Communication

☐ No change from Original Order.
☐ Modified to include: [________________________________]

E. Relocation Provisions

The District of Columbia has no specific relocation statute; relocation issues are governed by case law and the best-interest analysis under D.C. Code § 16-914(a)(3).

☐ No change from Original Order.
☐ Geographic restriction modified to: [________________________________]
☐ Notice requirement for relocation: [____] days advance written notice.

XI. REPRESENTATIONS AND ACKNOWLEDGMENTS

Each Parent represents and acknowledges that:

☐ This Modification is entered into voluntarily, without coercion, duress, or undue influence.
☐ Each Parent has had the opportunity to consult with independent legal counsel.
☐ The circumstances described in Section III constitute a substantial and material change in circumstances under D.C. Code § 16-914(g).
☐ This Modification serves the child(ren)'s best interests as evaluated under the sixteen factors of D.C. Code § 16-914(a)(3).
☐ Each Parent has disclosed all material information relevant to this Modification, including current living situations, employment, relationships, and any circumstances affecting the child(ren)'s welfare.
☐ Neither Parent has pending criminal charges, Child and Family Services Agency (CFSA) investigations, or Civil Protection Order proceedings, except as disclosed herein.
☐ Each Parent understands that this Modification must be filed with and approved by the Superior Court of the District of Columbia to be enforceable as a court order.

XII. CONTINUED OBLIGATIONS

The Parents agree to the following continuing obligations:

1. Cooperation. Parents shall cooperate in all matters concerning the child(ren)'s welfare and communicate respectfully.
2. Non-Disparagement. Neither Parent shall make negative remarks about the other Parent in the child(ren)'s presence.
3. Facilitate Relationship. Each Parent shall actively support the child(ren)'s relationship with the other Parent and shall not engage in parental alienation.
4. Information Sharing. Both Parents shall have full access to school, medical, and other records concerning the child(ren).
5. Substance Use. Neither Parent shall consume alcohol to impairment or use illegal substances during or within twelve (12) hours prior to parenting time.
6. Firearm Safety. All firearms shall be stored unloaded in locked containers with ammunition stored separately, inaccessible to the child(ren), consistent with D.C. firearms regulations.
7. Compliance. Each Parent shall comply fully with this Modified Custody Arrangement and shall not unilaterally deviate without mutual agreement or court order.

XIII. ENFORCEMENT AND REMEDIES

13.1 Contempt. Violation of this Agreement, once incorporated into a court order, may subject the violating party to contempt proceedings in the Superior Court of the District of Columbia.

13.2 Make-Up Parenting Time. If a Parent is wrongfully denied parenting time, the aggrieved Parent shall be entitled to make-up time.

13.3 Attorney's Fees. The prevailing Parent in any enforcement proceeding may be entitled to reasonable attorney's fees and costs, subject to Court approval.

13.4 Emergency Relief. Either Parent may seek emergency relief from the Family Court Operations Division to protect the child(ren)'s welfare without first pursuing mediation.

XIV. COURT FILING AND APPROVAL

This Modification Agreement shall be submitted to the Superior Court of the District of Columbia, Family Court Operations Division, Domestic Relations Branch for approval and incorporation into a modified custody order.

Filing Location:
Moultrie Courthouse
500 Indiana Avenue, NW
Washington, D.C. 20001
Family Court Central Intake Center

Family Court Self-Help Center: (202) 879-0096

The Modification shall become effective upon Court approval and entry of an order incorporating these modifications, or on [__/__/____], whichever is later.

XV. EXECUTION

IN WITNESS WHEREOF, the Parents have executed this Custody Modification Agreement in the District of Columbia.

PARENT A:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

PARENT B:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

ACKNOWLEDGMENT

District of Columbia )
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On [__/__/____], before me, [________________________________], a Notary Public in and for the District of Columbia, personally appeared [________________________________] and [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same voluntarily and for the purposes therein stated.

WITNESS my hand and official seal.

Signature: _________________________________
Notary Public, District of Columbia
My Commission Expires: [__/__/____]

[SEAL]

ORDER OF THE COURT

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
FAMILY COURT OPERATIONS DIVISION
DOMESTIC RELATIONS BRANCH

Case No.: [________________________________]

The Court, having reviewed the foregoing Custody Modification Agreement and the parties' representations, and having considered the sixteen (16) best-interest factors of D.C. Code § 16-914(a)(3), finds that:

1. A substantial and material change in circumstances has occurred since the entry of the Original Order;
2. The proposed modification serves the best interests of the minor child(ren); and
3. The agreement was entered into voluntarily by both parties.

IT IS THEREFORE ORDERED that the Custody Modification Agreement is APPROVED and INCORPORATED into the custody order in this matter.

IT IS SO ORDERED.

Date: [__/__/____]

_________________________________
Associate Judge, Superior Court of the District of Columbia
Family Court Operations Division

SOURCES AND REFERENCES

• D.C. Code § 16-914 — Custody of children (best interest factors, custody types, rebuttable presumption, modification standard): https://code.dccouncil.gov/us/dc/council/code/sections/16-914
• D.C. Code § 16-1001 et seq. — Intrafamily Offenses Act (definitions and proceedings): https://code.dccouncil.gov/us/dc/council/code/titles/16/chapters/10
• D.C. Code § 16-831.01 et seq. — Third-Party Custody / De Facto Parent provisions: https://code.dccouncil.gov/us/dc/council/code/sections/16-831.01
• Superior Court of the District of Columbia, Family Court Operations Division: https://www.dccourts.gov/superior-court/superior-court-divisions/family-court-operations-division
• Multi-Door Dispute Resolution Division — Family Mediation: https://www.dccourts.gov/superior-court/superior-court-divisions/multi-door-dispute-resolution-division/mediation/family-mediation
• DC Superior Court Domestic Relations Branch: https://www.dccourts.gov/superior-court/superior-court-divisions/family-court-operations-division/domestic-relations-branch
• Family Court Self-Help Center: (202) 879-0096