Templates Family Law Virginia Joint Custody Agreement

Virginia Joint Custody Agreement

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VIRGINIA JOINT CUSTODY AGREEMENT

Stipulation for Joint Legal and Joint Physical Custody

Pursuant to Va. Code §§ 20-124.1 through 20-124.6


VIRGINIA STATUTORY FRAMEWORK

Under Virginia Code section 20-124.1, "joint custody" encompasses three distinct arrangements: (i) joint legal custody, where both parents retain joint responsibility for care and control of the child and joint authority to make decisions 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 the court deems in the child's best interest.

Virginia Code section 20-124.2 provides that the court shall give primary consideration to the best interests of the child, may award joint legal custody, joint physical custody, or sole custody, and there shall be no presumption in favor of any form of custody. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children.

Virginia Court Structure for Custody Matters:

  • Juvenile and Domestic Relations District Court (J&DR Court): Has original jurisdiction over custody and visitation petitions filed independently of divorce under Va. Code § 16.1-241.
  • Circuit Court: Has jurisdiction over custody and visitation when filed in connection with a divorce proceeding under Va. Code § 20-124.2.
  • Either court may enter pendente lite (temporary) orders under Va. Code § 20-103.

1. COURT AND CASE INFORMATION

Commonwealth of Virginia

☐ Circuit Court for [________________________________] (County/City)
☐ Juvenile and Domestic Relations District Court for [________________________________] (County/City)

Case Number: [________________________________]

Nature of Proceeding:

☐ Divorce action (Va. Code § 20-91 et seq.)
☐ Separate maintenance action (Va. Code § 20-95)
☐ Independent custody/visitation petition (Va. Code § 20-124.2; § 16.1-241)
☐ Paternity/parentage action (Va. Code § 20-49.1 et seq.)
☐ Post-decree modification
☐ Other: [________________________________]

1.1 Parties

Parent A / Petitioner:
Full Legal Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Virginia DMV ID or Driver's License No.: [________________________________]

Parent B / Respondent:
Full Legal Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Virginia DMV ID or Driver's License No.: [________________________________]

1.2 Minor Child(ren)

Child's Full Legal Name Date of Birth Age Current School/Grade Residing With
[________________________________] [__/__/____] [____] [________________________________] [________________________________]
[________________________________] [__/__/____] [____] [________________________________] [________________________________]
[________________________________] [__/__/____] [____] [________________________________] [________________________________]

(Each individually a "Child" and collectively the "Children.")

1.3 Effective Date

This Joint Custody Agreement ("Agreement") shall become effective as of [__/__/____], or upon the date of the Court's order incorporating this Agreement, whichever is later.

1.4 Guiding Principles Under Virginia Law

Consistent with Va. Code § 20-124.3, the Parents agree to the following principles:

(a) The health, safety, and welfare of the Children shall be the primary concern in all decisions.
(b) The Children shall have frequent and continuing contact with both Parents, as mandated by Va. Code § 20-124.2.
(c) Both Parents shall share the rights and responsibilities of child rearing.
(d) Both Parents shall actively support the Children's relationship and contact with the other Parent, recognizing that this factor is specifically enumerated in the best-interest analysis (Va. Code § 20-124.3(6)).
(e) Neither Parent shall denigrate the other in the Children's presence or involve the Children in parental conflict.


2. JOINT LEGAL CUSTODY (VA. CODE § 20-124.1)

2.1 Award of Joint Legal Custody

Both Parents shall share joint legal custody as defined by Va. Code § 20-124.1: both parents retain joint responsibility for the care and control of the Children and joint authority to make decisions concerning the Children, even though the Children's primary residence may be with only one Parent.

2.2 Major Decisions Requiring Mutual Consent

The following Major Decisions require mutual consent after good-faith consultation:

(a) Education: School enrollment and changes, selection of public vs. private school, special education evaluations and services (IEP/504 plans), tutoring programs, homeschooling decisions, and selection of childcare/daycare facilities;

(b) Non-Emergency Medical and Dental Care: Selection of physicians, dentists, and specialists; elective procedures; vaccinations; orthodontic treatment; and medications for chronic conditions;

(c) Mental Health Treatment: Initiation of counseling, therapy, psychiatric evaluation, or psychotropic medication;

(d) Religious Upbringing: Religious instruction, ceremonies, and regular religious observance;

(e) Extracurricular Activities: Enrollment in activities exceeding $[____] per month or requiring significant time commitments affecting the other Parent's parenting time;

(f) Travel: Out-of-state travel exceeding [____] consecutive days; all international travel (both Parents must consent to passport applications per 22 U.S.C. § 2714a);

(g) Legal Matters: Any legal action taken on behalf of the Children;

(h) Driver's License and Employment: Consent to obtain a learner's permit, driver's license, or employment for a minor child.

2.3 Decision-Making Protocol

(a) Initiation: The Parent proposing a Major Decision shall provide written notice to the other Parent with sufficient detail and documentation to allow informed discussion.

(b) Response Time: The other Parent shall respond within [____] calendar days. Failure to respond within this period shall ☐ constitute consent to the proposed decision / ☐ not constitute consent; the proposing Parent must seek mediation.

(c) Good-Faith Consultation: Both Parents shall discuss the matter in good faith, considering the Children's best interests under the factors enumerated in Va. Code § 20-124.3, before making a final decision.

(d) Impasse Resolution: If the Parents cannot reach agreement after good-faith efforts, the dispute shall be resolved as follows:
☐ Mediation per Section 10
☐ The following Parent shall have tiebreaking authority for the following categories:
Education: Parent [____]
Medical: Parent [____]
Mental Health: Parent [____]
Extracurricular: Parent [____]
Other: [________________________________]
☐ The Parents shall petition the Court for determination

2.4 Routine Decisions

The Parent exercising parenting time at any given time may make routine day-to-day decisions regarding the Children's care, including meals, bedtime, homework, hygiene, discipline, and minor social activities. Routine decisions do not require consultation.

2.5 Emergency Decisions

The Parent with physical custody at the time of an emergency may make any decision necessary to protect the Children's health or safety. That Parent shall notify the other Parent of the emergency and any decisions made as soon as reasonably possible, but no later than twenty-four (24) hours after the emergency arises.


3. JOINT PHYSICAL CUSTODY (VA. CODE § 20-124.1)

3.1 Award of Joint Physical Custody

Both Parents shall share joint physical custody as defined by Va. Code § 20-124.1: both Parents share physical and custodial care of the Children.

3.2 Regular Parenting Time Schedule — School Year

Select one of the following schedules:

Option A: Alternating Weeks (50/50)
Parent A: Seven (7) consecutive days beginning [________________________________] at [____] AM/PM
Parent B: The following seven (7) consecutive days
Exchanges occur at: ☐ School ☐ [________________________________]

Option B: 2-2-3 Rotating Schedule (50/50)
Week 1: Monday-Tuesday with Parent A; Wednesday-Thursday with Parent B; Friday-Sunday with Parent A
Week 2: Monday-Tuesday with Parent B; Wednesday-Thursday with Parent A; Friday-Sunday with Parent B
All transitions at: ☐ School drop-off ☐ [____] AM/PM at [________________________________]

Option C: 5-2-2-5 Schedule (50/50)
Monday-Tuesday: Always with Parent A
Wednesday-Thursday: Always with Parent B
Friday-Sunday: Alternating (Parent A on odd weeks; Parent B on even weeks)
All transitions at: ☐ School drop-off ☐ [____] AM/PM at [________________________________]

Option D: 3-4-4-3 Schedule (50/50)
Week 1: Monday-Wednesday with Parent A; Thursday-Sunday with Parent B
Week 2: Monday-Thursday with Parent A; Friday-Sunday with Parent B

Option E: Alternating Weekends Plus Midweek (approximately 60/40)
Primary Parent ([________________________________]):
Weekdays and alternate weekends
Other Parent ([________________________________]):
Alternating weekends: Friday at [____] PM to Monday morning school drop-off
One (1) midweek visit: [________________________________] from [____] PM to [____] AM/PM
☐ With overnight ☐ Dinner visit only

Option F: Custom Schedule
Parent A's parenting time: [________________________________]
Parent B's parenting time: [________________________________]

3.3 Primary Residence for School Enrollment

The Children's primary residence for purposes of school enrollment and correspondence shall be:
☐ Parent A's residence ☐ Parent B's residence

Address: [________________________________]
School District: [________________________________]
School Name: [________________________________]

Virginia Note: Designation of a primary residence for school enrollment purposes does not affect the joint physical custody designation or either Parent's rights under this Agreement.

3.4 Summer Schedule

Regular schedule continues through summer

Modified summer schedule:
Each Parent shall have [____] weeks of uninterrupted vacation time with the Children during summer break.
Written notice of vacation dates shall be provided by [________________________________] (date) each year.
If Parents' requested dates conflict, Parent A shall have priority in ☐ even / ☐ odd years.

Custom summer schedule:
[________________________________]

3.5 Holiday and School Break Schedule

Holidays supersede the regular parenting time schedule.

Holiday Even Years Odd Years Time Period
New Year's Day (Jan. 1) Parent [____] Parent [____] Dec. 31 [____] PM -- Jan. 1 [____] PM
Martin Luther King Jr. Day Parent [____] Parent [____] Sat. [____] AM -- Mon. [____] PM
Presidents' Day Weekend Parent [____] Parent [____] Sat. [____] AM -- Mon. [____] PM
Spring Break Parent [____] Parent [____] Last school day [____] PM -- day before school [____] PM
Easter / Passover Parent [____] Parent [____] [________________________________]
Memorial Day Weekend Parent [____] Parent [____] Sat. [____] AM -- Mon. [____] PM
Fourth of July Parent [____] Parent [____] Jul. 3 [____] PM -- Jul. 5 [____] AM
Labor Day Weekend Parent [____] Parent [____] Sat. [____] AM -- Mon. [____] PM
Halloween (Oct. 31) Parent [____] Parent [____] [____] PM -- [____] PM
Thanksgiving Parent [____] Parent [____] Wed. [____] PM -- Sun. [____] PM
Winter Break -- First Half Parent [____] Parent [____] Last school day [____] PM -- Dec. 25 [____] PM
Winter Break -- Second Half Parent [____] Parent [____] Dec. 25 [____] PM -- day before school [____] PM
Mother's Day With Mother With Mother Sat. [____] AM -- Sun. [____] PM
Father's Day With Father With Father Sat. [____] AM -- Sun. [____] PM
Child's Birthday Parent [____] Parent [____] [________________________________]
Parent A's Birthday With Parent A With Parent A [________________________________]
Parent B's Birthday With Parent B With Parent B [________________________________]

3.6 Special Days and Cultural Observances

☐ Additional cultural, religious, or family holidays:
[________________________________]
[________________________________]


4. TRANSPORTATION AND EXCHANGE

4.1 Exchange Location

☐ School -- Dropping-off Parent delivers; Receiving Parent picks up
☐ Curbside at the receiving Parent's residence
☐ Neutral public location: [________________________________]
☐ Supervised exchange facility (e.g., Fairfax County Stronger Together Program, Virginia Beach YWCA): [________________________________]
☐ Other: [________________________________]

4.2 Transportation Responsibilities

☐ The receiving Parent shall be responsible for pick-up
☐ The dropping-off Parent shall be responsible for delivery
☐ Transportation shared equally -- Parent A transports to Parent B; Parent B transports to Parent A
☐ Other: [________________________________]

4.3 Exchange Protocol

(a) The Children shall be ready at the designated time with clothing, homework, medications, and personal items.
(b) Exchanges shall occur within a [____]-minute window of the scheduled time. The waiting Parent shall wait at least [____] minutes before the exchange is considered missed.
(c) If a Parent will be more than [____] minutes late, that Parent shall notify the other Parent as soon as possible.
(d) Neither Parent shall use the exchange as an opportunity to discuss disputed matters or engage in conflict.
(e) ☐ Neither Parent shall exit the vehicle during curbside exchanges.

4.4 Travel Costs

If the Parents reside more than [____] miles apart:
☐ Transportation costs shall be shared equally
☐ The traveling Parent bears the cost
☐ Costs allocated [____]% to Parent A and [____]% to Parent B
☐ Other: [________________________________]


5. RIGHT OF FIRST REFUSAL

Included -- If either Parent is unable to personally care for the Children for more than [____] consecutive hours during that Parent's scheduled parenting time, that Parent shall first offer the other Parent the opportunity to care for the Children before arranging third-party childcare.

The following are excluded from the right of first refusal:
☐ Care by grandparents
☐ Care by a stepparent residing in the household
☐ Regular school or daycare
☐ Scheduled activities (sports, lessons, camps)
☐ Other: [________________________________]

Not Included


6. ACCESS TO RECORDS AND INFORMATION

6.1 Equal Access

Under Va. Code § 20-124.6, both Parents shall have full and equal access to all records concerning the Children, including:
(a) School records, report cards, teacher communications, and IEP/504 documents;
(b) Medical, dental, and vision records;
(c) Mental health and counseling records;
(d) Extracurricular activity schedules and communications;
(e) Childcare/daycare records.

6.2 Listing on Records

Both Parents shall be listed as parents and emergency contacts on all school, medical, and childcare records. Both Parents shall be entitled to communicate directly with teachers, physicians, counselors, and other professionals involved in the Children's care.

6.3 Information Sharing

(a) Each Parent shall promptly inform the other of any significant events, illnesses, injuries, disciplinary actions, or emergencies involving the Children.
(b) Each Parent shall provide copies of report cards, school notices, medical records, and other important documents within [____] days of receipt.
(c) Each Parent shall notify the other of all school events, parent-teacher conferences, extracurricular events, and medical appointments with sufficient advance notice for the other Parent to attend.


7. COMMUNICATION

7.1 Between Parents

Parents shall communicate regarding the Children primarily through:
☐ OurFamilyWizard ☐ TalkingParents ☐ Email ☐ Text message ☐ Other: [________________________________]

Communication shall be:
(a) Respectful, business-like, and focused on the Children's needs;
(b) Responded to within [____] hours for routine matters and within [____] hours for urgent matters;
(c) Free from profanity, threats, insults, or disparaging remarks.

7.2 Parent-Child Communication

Each Parent shall facilitate reasonable phone and/or video communication between the Children and the other Parent during that Parent's parenting time:
☐ Daily at approximately [____] AM/PM for up to [____] minutes
☐ As mutually agreed, at reasonable times
☐ Other: [________________________________]

Neither Parent shall monitor, record, or interfere with the Children's communication with the other Parent, except as reasonably necessary for young children. Virginia Note: Virginia is a one-party consent state for recording (Va. Code § 19.2-62), but recording a child's private conversations with the other Parent may raise legal concerns.

7.3 Non-Disparagement and Shielding Children from Conflict

(a) Neither Parent shall make negative, derogatory, or disparaging remarks about the other Parent, the other Parent's family, or the other Parent's household in the Children's presence or hearing.
(b) Neither Parent shall discuss court proceedings, financial disputes, or adult matters with the Children.
(c) Neither Parent shall question the Children about the other Parent's personal life, relationships, finances, or activities.
(d) Neither Parent shall use the Children as messengers between Parents.

Virginia Note: Under Va. Code § 20-124.3(6), the court considers the propensity of each parent to actively support the child's contact and relationship with the other parent. Disparagement and alienation may be weighed heavily against the offending parent in any modification proceeding.


8. CHILD-REARING PROVISIONS

8.1 Consistency Across Households

Parents shall make reasonable efforts to maintain consistency in the following areas:
(a) Bedtime and wake-up routines;
(b) Homework expectations and study habits;
(c) Screen time limits;
(d) Discipline approaches (neither Parent shall use corporal punishment);
(e) Dietary restrictions related to health or allergies.

8.2 Introduction of New Partners

If either Parent develops a new romantic relationship:
(a) The new partner shall not be introduced to the Children until the relationship has been stable for at least [____] months;
(b) The new partner shall not be present during exchanges for at least [____] months after introduction;
(c) The Children shall not be asked to call a new partner by a parental title;
(d) ☐ Neither Parent shall allow a new romantic partner to reside overnight while the Children are present until [________________________________].

8.3 Attendance at Children's Events

(a) Both Parents are welcome and encouraged to attend the Children's school events, performances, sporting events, and other activities.
(b) Parents shall conduct themselves respectfully toward each other at all events.
(c) Both Parents shall receive notice of all events per Section 6.3.

8.4 Substance Use Restrictions

(a) Neither Parent shall use controlled substances (except as lawfully prescribed) during parenting time or within [____] hours before parenting time begins.
(b) Neither Parent shall consume alcohol to the point of impairment during parenting time.
(c) Neither Parent shall allow any third party who is under the influence of drugs or alcohol to care for the Children.

8.5 Firearms Safety

All firearms in either Parent's home shall be stored unloaded in a locked container or with a locking device, with ammunition stored separately, inaccessible to the Children, consistent with Virginia law (Va. Code § 18.2-56.2 — reckless handling of firearms).


9. RELOCATION

9.1 Virginia Relocation Standards

Virginia has no specific relocation statute. Relocation disputes are resolved under the best-interest factors of Va. Code § 20-124.3 and governing case law, including Keel v. Keel, 225 Va. 606 (1983), and Cloutier v. Queen, 35 Va. App. 413 (2001). A proposed relocation that would substantially impair the current custody arrangement constitutes a material change in circumstances warranting judicial review.

9.2 Notice Requirement

A Parent proposing to change the Children's residence shall provide written notice to the other Parent at least [____] days before the proposed move. The notice shall include:
(a) The intended new address;
(b) The reason for the move;
(c) A proposed revised parenting time schedule;
(d) The proposed effective date.

9.3 Geographic Restriction

☐ Neither Parent shall relocate the Children's primary residence outside of [________________________________] (specify area, e.g., county, mile radius, Northern Virginia region) without the other Parent's written consent or a court order.

☐ No geographic restriction applies. Relocation is governed by the notice and best-interest provisions above.


10. DISPUTE RESOLUTION

10.1 Step 1 -- Direct Communication

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

10.2 Step 2 -- Mediation

If direct communication fails, Parents shall engage in mediation with a Virginia Supreme Court certified mediator or a mediator agreed upon by the parties. Virginia courts strongly encourage mediation in custody disputes. Many Virginia circuit courts and J&DR courts maintain mediation referral lists.

Cost allocation: ☐ Equal ☐ [____]% Parent A / [____]% Parent B

10.3 Step 3 -- Guardian Ad Litem

If mediation fails and the dispute involves the Children's welfare, either Parent may request the Court appoint a Guardian Ad Litem ("GAL") pursuant to Va. Code § 16.1-266 or § 20-124.2. The GAL shall independently investigate and make a recommendation to the Court regarding the Children's best interests.

Cost allocation: ☐ Equal ☐ [____]% Parent A / [____]% Parent B ☐ As ordered by the Court

10.4 Step 4 -- Court Hearing

If mediation and other efforts do not resolve the dispute, either Parent may petition the Court. The Court will apply the best-interest factors of Va. Code § 20-124.3.

10.5 Governing Law and Forum

This Agreement is governed by the laws of the Commonwealth of Virginia. The ☐ Circuit Court / ☐ Juvenile and Domestic Relations District Court for [________________________________] (County/City) retains exclusive, continuing jurisdiction pursuant to Va. Code § 20-146.12 et seq. (Virginia's enactment of the UCCJEA).

10.6 Attorney's Fees

☐ Each Parent shall bear their own attorney's fees and costs.
☐ The prevailing Parent in any enforcement proceeding shall be entitled to reasonable attorney's fees and costs, subject to Court approval.
☐ Attorney's fees as the Court may award in its discretion.


11. DOMESTIC VIOLENCE SCREENING (VA. CODE § 20-124.3(7))

The Parents acknowledge the following:

No History of Family Abuse -- Neither Parent has been found by a court to have committed family abuse as defined by Va. Code § 16.1-228, nor has either Parent been the subject of a protective order under Va. Code § 16.1-253.1 or § 16.1-279.1.

Prior Finding(s) or Protective Order(s) Exist -- [________________________________] (specify). The history of family abuse has been considered in the formulation of this Agreement pursuant to Va. Code § 20-124.3(7). The following safety provisions apply: [________________________________]

Active Protective Order -- A protective order is currently in effect. Case No.: [________________________________]. This Agreement is consistent with the protective order and does not modify its terms.

Virginia Note: Under Va. Code § 20-124.3(7), any history of family abuse (as defined in § 16.1-228), sexual abuse, or child abuse is a mandatory consideration in the best-interest analysis.


12. CHILD'S PREFERENCE (VA. CODE § 20-124.3(8))

Under Va. Code § 20-124.3(8), the court considers the reasonable preference of the child if the court deems the child to be of reasonable intelligence, understanding, age, and experience to express such a preference. Unlike some states, Virginia does not set a specific age threshold; the weight given to the child's preference increases with the child's maturity.

Not Applicable -- No Child has expressed a preference, or no Child is of sufficient age and maturity for the preference to be considered.

Applicable -- [________________________________] (Child's name), age [____], has expressed a preference regarding the parenting arrangement. The Parents have considered the Child's preference along with all other best-interest factors under Va. Code § 20-124.3.


13. CHILD SUPPORT CROSS-REFERENCE

☐ Child support is addressed in a separate order/stipulation under Va. Code § 20-108.2 (child support guidelines).
☐ Child support is addressed concurrently. See attached child support guidelines worksheet.
☐ The Parents acknowledge that the custodial timeshare established in this Agreement is a factor in calculating child support under the Virginia child support guidelines (Va. Code § 20-108.2). The approximate shared custody timeshare is: Parent A [____]% / Parent B [____]%.

Virginia Note: Virginia uses an income shares model for child support. When physical custody is shared (each parent has the child for more than 90 days per year), the shared custody formula under Va. Code § 20-108.2(G) applies.


14. MODIFICATION AND REVIEW

14.1 Modification Standard

This Agreement, once incorporated as a court order, may be modified upon a showing of a material change in circumstances that serves the Children's best interests, applying the two-prong test of Keel v. Keel, 225 Va. 606 (1983), and the factors of Va. Code § 20-124.3.

14.2 Periodic Review

The Parents agree to review this Agreement:
☐ Annually on or about [________________________________]
☐ Upon a Child entering middle school, high school, or reaching driving age
☐ Upon any significant change in either Parent's circumstances
☐ Other: [________________________________]

14.3 Developmental Adjustments

The Parents recognize that the Children's needs will change as they grow. The Parents agree to discuss and modify the parenting schedule as appropriate to accommodate developmental stages, including transitions to preschool, elementary school, middle school, high school, and driving age.


15. GENERAL PROVISIONS

15.1 Incorporation into Court Order

This Agreement shall be submitted to the Court for approval and incorporation into a court order pursuant to Va. Code § 20-109.1. Once incorporated, the terms of this Agreement shall be enforceable as a court order.

15.2 Integration

This Agreement constitutes the entire understanding between the Parents regarding joint custody of the Children and supersedes all prior agreements, understandings, and negotiations.

15.3 Amendment

This Agreement may be modified only by a written stipulation signed by both Parents and approved by the Court, or by court order following a hearing.

15.4 Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

15.5 Court Enforcement

This Agreement, once approved by the Court and incorporated as a court order, is enforceable by contempt proceedings and by any other remedy available at law or equity. Under Va. Code § 20-124.6, the intentional withholding of visitation without just cause may constitute a material change in circumstances justifying a change of custody.

15.6 Counterparts and Electronic Signatures

This Agreement may be executed in counterparts and by electronic signature pursuant to the Virginia Uniform Electronic Transactions Act (Va. Code § 59.1-479 et seq.), each of which shall be deemed an original.

15.7 Notice

All written notices required under this Agreement shall be sent to the addresses listed in Section 1.1 or to such other address as a Parent may designate in writing.


16. EXECUTION

IN WITNESS WHEREOF, the Parents have executed this Agreement as of the date(s) set forth below, and request that the Court approve and incorporate this Agreement as a court order pursuant to Va. Code § 20-109.1.

PARENT A / PETITIONER:

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

PARENT B / RESPONDENT:

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

ATTORNEY FOR PARENT A (if applicable):

Signature: _________________________________
Print Name: [________________________________]
Virginia State Bar No.: [________________________________]
Date: [__/__/____]

ATTORNEY FOR PARENT B (if applicable):

Signature: _________________________________
Print Name: [________________________________]
Virginia State Bar No.: [________________________________]
Date: [__/__/____]


17. ORDER OF THE COURT

The Court, having reviewed the foregoing Stipulation for Joint Legal and Joint Physical Custody and finding that the proposed arrangement serves the best interests of the minor child(ren) under Va. Code § 20-124.3:

IT IS HEREBY ORDERED that the Stipulation is approved and incorporated as an order of this Court pursuant to Va. Code § 20-109.1. Joint legal and joint physical custody is awarded as set forth above, effective [__/__/____].

The Court has considered the following best-interest factors under Va. Code § 20-124.3:

☐ (1) Age and physical/mental condition of the child
☐ (2) Age and physical/mental condition of each parent
☐ (3) Relationship between each parent and each child
☐ (4) Needs of the child, including important relationships
☐ (5) Role each parent has played and will play in the child's upbringing
☐ (6) Propensity of each parent to support the child's contact with the other parent
☐ (7) Reasonable preference of the child (if of sufficient age and maturity)
☐ (8) History of family abuse, sexual abuse, or child abuse
☐ (9) Such other factors as the court deems necessary

Date: [__/__/____]

_________________________________
Judge
☐ Circuit Court / ☐ Juvenile and Domestic Relations District Court
[________________________________] (County/City), Virginia


Sources and References

Virginia Code -- Custody and Visitation Provisions

Guardian Ad Litem

Key Case Law

  • Keel v. Keel, 225 Va. 606, 303 S.E.2d 917 (1983) -- Material change in circumstances standard for custody modification
  • Cloutier v. Queen, 35 Va. App. 413, 545 S.E.2d 574 (2001) -- Relocation standard; move must independently benefit the children

UCCJEA (Virginia Enactment)

  • Va. Code §§ 20-146.12 through 20-146.37 -- Uniform Child Custody Jurisdiction and Enforcement Act

Virginia Court Self-Help Resources


Prepared for attorney review. This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed Virginia attorney before use.

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About This Template

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.

Important Notice

This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Last updated: April 2026