District of Columbia Joint Custody Agreement

JOINT CUSTODY AGREEMENT

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

Case Number: [________________________________]

DISTRICT OF COLUMBIA JOINT CUSTODY FRAMEWORK

D.C. Code § 16-914(a)(2) states a rebuttable presumption that joint custody is in the best interest of the child. The statutory exceptions include a judicial finding, by a preponderance of the evidence, of:

• An intrafamily offense as defined in D.C. Code § 16-1001(8);
• Child abuse;
• Child neglect; or
• Parental kidnapping.

If such conduct is found, the presumption reverses — joint custody becomes presumed not to be in the child's best interest.

Under D.C. Code § 16-914(a)(1), the Court may award:

• Joint legal custody — shared decision-making regarding health, education, and general welfare
• Joint physical custody — shared living arrangements
• Both joint legal and joint physical custody
• Any combination serving the child's best interest

This Agreement establishes both joint legal and joint physical custody between the Parents.

SECTION 1: PARTIES AND CHILDREN

1.1 Parent A

Full Legal Name: [________________________________]
Address: [________________________________]
Washington, D.C. [____]
Telephone: [________________________________]
Email: [________________________________]
Employer: [________________________________]

1.2 Parent B

Full Legal Name: [________________________________]
Address: [________________________________]
Washington, D.C. [____]
Telephone: [________________________________]
Email: [________________________________]
Employer: [________________________________]

1.3 Minor Child(ren)

1.4 Recitals

A. The Parents are the legal parents of the child(ren) named above.
B. The Parents agree that joint custody — both legal and physical — serves the child(ren)'s best interests, consistent with the rebuttable presumption established by D.C. Code § 16-914(a)(2).
C. The Parents possess the capacity to communicate and reach shared decisions affecting the child(ren)'s welfare, as contemplated by D.C. Code § 16-914(a)(3)(G).
D. The Parents are willing to share custody, as contemplated by D.C. Code § 16-914(a)(3)(H).
E. Both Parents reside in the District of Columbia, and their geographic proximity supports a joint physical custody arrangement, per D.C. Code § 16-914(a)(3)(J).
F. This Agreement is made in connection with: ☐ Divorce proceedings ☐ Legal separation ☐ Custody complaint ☐ Paternity action ☐ Other: [________________________________]

SECTION 2: JOINT LEGAL CUSTODY — SHARED DECISION-MAKING

2.1 Joint Legal Custody Established

Both Parents shall share joint legal custody of the child(ren), including equal rights and responsibilities to make major decisions regarding the child(ren)'s health, education, general welfare, and access to records. D.C. Code § 16-914(a)(1)(A).

Neither Parent's decision-making authority is superior to the other's. Both Parents shall be recognized as legal custodians by all schools, medical providers, government agencies, and third parties.

2.2 Major Decisions Requiring Joint Agreement

The following decisions require consultation and mutual agreement:

1. Education: School enrollment, school changes, special education evaluations (IEP/504), DCPS boundary school vs. charter school vs. private school selection, My School DC lottery applications, tutoring, and homeschooling decisions.

2. Medical and Dental Care: Selection of healthcare providers, non-emergency medical procedures, surgical procedures, medications for chronic conditions, orthodontic treatment, and vaccinations.

3. Mental Health: Initiation of counseling, therapy, psychiatric evaluation, or psychotropic medication.

4. Religious Upbringing: Religious education, religious ceremonies (baptism, bar/bat mitzvah, etc.), and regular worship attendance.

5. Extracurricular Activities: Enrollment in activities, sports, camps, or programs that affect the parenting schedule or involve significant cost.

6. Travel: Travel outside the District of Columbia exceeding [____] days, and all international travel.

7. Legal Matters: Decisions regarding the child(ren)'s legal name, consent to marriage, or enlistment.

2.3 Decision-Making Protocol

Step 1 — Notice: The proposing Parent shall provide written notice (email or co-parenting application) describing the proposed decision, relevant options, costs, and timeline.

Step 2 — Response: The other Parent shall respond within [____] calendar days. Unless counsel and the court-approved terms provide otherwise, silence does not constitute consent.

Step 3 — Discussion: If there is disagreement, Parents shall confer in good faith to reach agreement.

Step 4 — Optional Mediation Proposal: If both Parents agree and it is safe, they may seek mediation through a qualified provider. D.C. Code § 16-914(c)(11) permits a parenting plan to address conflict resolution; this paragraph does not make mediation a condition of court access.

Step 5 — Court Process: Either Parent may use the court process available under current law and the controlling orders, including when mediation is declined, inappropriate, unavailable, or unsuccessful.

2.4 Emergency Decisions

The Parent with physical custody at the time of an emergency may make emergency medical or safety decisions without prior consultation. That Parent shall notify the other Parent as soon as practicable, and in no event later than [____] hours after the emergency.

2.5 Day-to-Day Decisions

Routine decisions regarding daily care, meals, bedtime, homework, playdates, discipline, and similar matters during a Parent's parenting time shall be made by the Parent with physical custody at that time.

SECTION 3: JOINT PHYSICAL CUSTODY — PARENTING TIME SCHEDULE

3.1 Joint Physical Custody Established

Both Parents shall share joint physical custody with substantially equal parenting time, as described in the schedule below.

3.2 Regular Parenting Schedule — School Year

Select one schedule or specify a custom arrangement:

☐ Schedule A: Alternating Weeks

• Parent A: Monday school drop-off through the following Monday school drop-off (Week 1)
• Parent B: Monday school drop-off through the following Monday school drop-off (Week 2)

☐ Schedule B: 2-2-3 Rotation

• Monday and Tuesday overnights: Parent A
• Wednesday and Thursday overnights: Parent B
• Friday, Saturday, and Sunday overnights: Alternating (Parent A on Week 1; Parent B on Week 2)

☐ Schedule C: 5-2-2-5 Rotation

• Monday and Tuesday overnights: Always Parent A
• Wednesday and Thursday overnights: Always Parent B
• Friday through Sunday overnights: Alternating two-week blocks

☐ Schedule D: Custom Schedule
Parent A's time: [________________________________]
Parent B's time: [________________________________]

3.3 Regular Parenting Schedule — Summer

☐ The school-year schedule continues through summer.
☐ Modified summer schedule: [________________________________]

Each Parent shall have [____] weeks of uninterrupted vacation time during summer, with at least thirty (30) days' written notice. Vacation time supersedes the regular schedule.

3.4 Holiday Schedule

Holidays supersede the regular parenting time schedule. D.C.-specific holidays are included.

3.5 Exchanges

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

Exchange Protocol: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Other: [________________________________]

Late Arrival: If a parent is more than [____] minutes late without notice, the other parent may proceed with alternate arrangements.

3.6 Right of First Refusal

If either Parent is unable to care for the child(ren) for more than [____] consecutive hours during scheduled parenting time, that Parent shall first offer the time to the other Parent before using third-party childcare.

☐ Right of first refusal applies.
☐ Right of first refusal does not apply.

SECTION 4: EDUCATION

4.1 School Enrollment

The child(ren) shall attend:
☐ DCPS boundary school based on address: [________________________________]
☐ D.C. public charter school: [________________________________]
☐ Private school: [________________________________]
☐ To be jointly determined

For My School DC lottery and DCPS enrollment purposes, the child(ren)'s primary address is: [________________________________]

4.2 School Involvement

Both Parents shall be listed as emergency contacts and authorized to pick up the child(ren). Both Parents shall receive all school communications, report cards, and notices. Both Parents may attend parent-teacher conferences, school events, and performances.

SECTION 5: HEALTH CARE

5.1 Health Insurance

☐ Parent A shall maintain health, dental, and vision insurance for the child(ren).
☐ Parent B shall maintain health, dental, and vision insurance for the child(ren).
☐ Both Parents shall maintain coverage; Parent [____]'s plan is primary.

5.2 Unreimbursed Medical Expenses

Unreimbursed medical, dental, vision, mental health, and prescription expenses shall be shared:
☐ Equally (50/50)
☐ Proportionally (Parent A: [____]% / Parent B: [____]%)
☐ Other: [________________________________]

Documentation shall be provided within [____] days; reimbursement due within [____] days.

5.3 Health Care Providers

Both Parents shall have the right to communicate directly with and receive information from all health care providers. Changes to providers require joint agreement.

SECTION 6: COMMUNICATION

6.1 Parent-to-Parent Communication

Parents shall communicate through: ☐ Email ☐ Text ☐ Co-parenting app ☐ Other: [________________________________]

6.2 Parent-Child Communication

Each Parent shall facilitate reasonable phone and/or video contact between the child(ren) and the other Parent during their parenting time. The child(ren) shall not be used as messengers between Parents.

6.3 Non-Disparagement

Neither Parent shall make negative or disparaging remarks about the other Parent, the other Parent's family, or the other Parent's household in the child(ren)'s presence or hearing. Neither Parent shall allow third parties to do so.

6.4 Information Sharing

Both Parents shall have full and equal access to all school records, medical records, dental records, mental health records, and activity information. Both Parents shall promptly share information regarding the child(ren)'s health, safety, welfare, and significant events.

SECTION 7: RELOCATION

The District of Columbia does not have a specific relocation statute. Relocation disputes are resolved through the best-interest analysis under D.C. Code § 16-914(a)(3), including the factors addressing geographic proximity (factor J) and potential disruption to the child's social and school life (factor I).

7.1 Relocation Within the District of Columbia

Either Parent may relocate within the District of Columbia with [____] days' written notice to the other Parent, provided the move does not materially disrupt the parenting schedule or the child(ren)'s school enrollment.

7.2 Relocation Outside the District of Columbia

Relocation outside the District of Columbia by either Parent requires:
☐ Written consent of both Parents; OR
☐ Court approval following a best-interest analysis under D.C. Code § 16-914(a)(3).

The relocating Parent must provide at least [____] days' written notice including the proposed new address, reason for relocation, proposed revised parenting schedule, and impact on the child(ren).

SECTION 8: DOMESTIC VIOLENCE SCREENING

Pursuant to D.C. Code § 16-914(a)(2), the rebuttable presumption favoring joint custody does not apply if a party has committed an intrafamily offense as defined in D.C. Code § 16-1001(8).

The Parents represent:

☐ Neither Parent has committed or been found to have committed an intrafamily offense against the other Parent, the child(ren), or any household member. The rebuttable presumption favoring joint custody applies in full force.

☐ An intrafamily offense has occurred. Details and safety provisions are set forth in the attached addendum. The court has determined that joint custody remains appropriate notwithstanding this history because: [________________________________]

SECTION 9: PARENTING EDUCATION

Pursuant to D.C. Code § 16-914, the Court may order parenting education classes.

☐ Both Parents have completed court-ordered or voluntary parenting education.
☐ Parent A completed parenting education on [__/__/____].
☐ Parent B completed parenting education on [__/__/____].
☐ Parenting education has not been ordered or completed.

SECTION 10: ADDITIONAL COVENANTS

10.1 Substance Use

Neither Parent shall consume alcohol to impairment or use illegal substances during or within twelve (12) hours prior to parenting time. (Note: While D.C. has legalized recreational marijuana possession under Initiative 71, parents exercising custody should be mindful that impairment during parenting time may be relevant to best-interest determinations.)

10.2 Firearms 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 including D.C. Code § 7-2507.02.

10.3 New Partners

If either Parent enters a new romantic relationship, that Parent shall introduce the partner to the child(ren) gradually and only after the relationship has become stable. Each Parent shall provide [____] days' notice before a new partner stays overnight during parenting time.

10.4 Consistency

Parents shall make reasonable efforts to maintain consistent rules, discipline, bedtimes, and homework expectations across both households.

10.5 Parental Alienation

Neither Parent shall engage in conduct intended to alienate the child(ren) from the other Parent or undermine the parent-child relationship. This includes disparaging the other Parent, limiting communication, or sharing inappropriate details about the custody proceedings with the child(ren).

SECTION 11: DISPUTE RESOLUTION

11.1 Good-Faith Negotiation

Parents shall first attempt to resolve disputes through direct, respectful communication.

11.2 Optional Mediation

If negotiation fails and both Parents agree that mediation is safe and appropriate, they may request family mediation through the Multi-Door Dispute Resolution Division or another qualified provider. This Agreement does not make mediation a prerequisite to seeking available court relief.

Multi-Door Dispute Resolution Division
500 Indiana Avenue, NW
Washington, D.C. 20001
Phone: (202) 879-3180

Safety concerns, alleged intrafamily offenses, child abuse, coercion, jurisdictional issues, and emergencies must be screened before any mediation proposal is used.

11.3 Judicial Resolution

Either Parent may use the court process available under current law and the controlling orders.

11.4 Fees and Costs

This Agreement creates no automatic prevailing-party or attorney-fee entitlement. Any request for fees or costs must rest on current authority and the required court findings.

SECTION 12: MODIFICATION

This Agreement may be modified only by:

1. Written agreement of both Parents, filed with and approved by the Court; or
2. Court order upon a showing of substantial and material change in circumstances under D.C. Code § 16-914(f), and that the modification serves the child(ren)'s best interests.

Parents agree to review this Agreement annually and make adjustments as needed to accommodate the child(ren)'s evolving developmental needs.

SECTION 13: GENERAL PROVISIONS

13.1 Governing Law. This Agreement is governed by D.C. Code § 16-914 et seq. and the laws of the District of Columbia.

13.2 Forum Selection. Exclusive jurisdiction lies in the Superior Court of the District of Columbia, Family Court Operations Division, Domestic Relations Branch.

13.3 Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect.

13.4 Integration. This Agreement, together with any court orders referenced herein, constitutes the entire understanding between the Parents regarding custody.

13.5 Assignment. Custodial rights and responsibilities are personal and non-assignable.

13.6 Counterparts and Electronic Signatures. This Agreement may be executed in counterparts, each deemed an original. Electronic signatures are valid.

13.7 Notice. All formal notices shall be sent to the addresses listed in Section 1, or as updated in writing.

SECTION 14: EXECUTION

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

PARENT A:

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

PARENT B:

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

OPTIONAL WITNESS

Witness signature: _________________________________

Printed name: [________________________________]

Date: [__/__/____]

ORDER APPROVING JOINT CUSTODY AGREEMENT

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

Case No.: [________________________________]

The Court, having reviewed the foregoing Joint Custody Agreement and considered the seventeen (17) best-interest factors of D.C. Code § 16-914(a)(3), and finding that the rebuttable presumption favoring joint custody under D.C. Code § 16-914(a)(2) has not been rebutted, hereby finds that joint legal and joint physical custody serves the best interests of the minor child(ren).

IT IS THEREFORE ORDERED that the Joint Custody 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 (joint custody presumption, best interest factors, custody types): https://code.dccouncil.gov/us/dc/council/code/sections/16-914
• D.C. Code § 16-914(a)(2) — Rebuttable presumption concerning joint custody: https://code.dccouncil.gov/us/dc/council/code/sections/16-914
• D.C. Code § 16-1001 et seq. — Intrafamily Offenses Act: 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: https://code.dccouncil.gov/us/dc/council/code/sections/16-831.01
• D.C. Code § 7-2507.02 — Firearms storage requirements: https://code.dccouncil.gov/us/dc/council/code/sections/7-2507.02
• Multi-Door Dispute Resolution Division — Family Mediation: https://www.dccourts.gov/superior-court/superior-court-divisions/multi-door-dispute-resolution-division/mediation/family-mediation
• Superior Court of the District of Columbia, Family Court: https://www.dccourts.gov/superior-court/superior-court-divisions/family-court-operations-division
• Domestic Relations Branch: https://www.dccourts.gov/superior-court/superior-court-divisions/family-court-operations-division/domestic-relations-branch
• My School DC (school enrollment lottery): https://www.myschooldc.org
• Family Court Self-Help Center: (202) 879-0096