District of Columbia Sole Custody Agreement

SOLE CUSTODY AGREEMENT

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

Case Number: [________________________________]

IMPORTANT: D.C. REBUTTABLE PRESUMPTION NOTICE

The District of Columbia maintains a rebuttable presumption that joint custody is in the best interest of the child under D.C. Code § 16-914(a)(2). To award sole custody, the court must find that the presumption has been rebutted by a preponderance of the evidence. The presumption is rebutted when the court finds:

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

When any of the above is found, the presumption reverses: joint custody is presumed NOT to be in the child's best interest, and sole custody becomes the favored arrangement.

Sole custody may also be appropriate when Parents demonstrate an inability to communicate and reach shared decisions (D.C. Code § 16-914(a)(3)(G)) or when one Parent is unwilling to share custody (D.C. Code § 16-914(a)(3)(H)).

SECTION 1: PARTIES AND CHILDREN

1.1 Custodial Parent

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

1.2 Non-Custodial Parent

Full Legal Name: [________________________________]
Address: [________________________________]
[________________________________] [____]
Telephone: [________________________________]
Email: [________________________________]
Employer: [________________________________]

1.3 Minor Child(ren)

1.4 Recitals and Basis for Sole Custody

A. The Parents are the legal parents of the child(ren) named above.
B. The Parents agree, or the Court has determined, that sole custody is in the child(ren)'s best interests.
C. The rebuttable presumption favoring joint custody under D.C. Code § 16-914(a)(2) has been addressed as follows:

☐ Presumption rebutted by intrafamily offense. A finding of intrafamily offense under D.C. Code § 16-1001(8) has been made. The presumption now favors sole custody. Details: [________________________________]

☐ Presumption rebutted by child abuse/neglect. A finding by the Child and Family Services Agency (CFSA) or the Court has been made. Case reference: [________________________________]

☐ Presumption rebutted by parental kidnapping. Details: [________________________________]

☐ Presumption rebutted by inability to co-parent. The Parents have demonstrated an inability to communicate and reach shared decisions affecting the child(ren)'s welfare, per D.C. Code § 16-914(a)(3)(G). Details: [________________________________]

☐ Voluntary agreement. Both Parents voluntarily agree that sole custody with one Parent serves the child(ren)'s best interests due to: [________________________________]

☐ Other basis. [________________________________]

D. This Agreement is made in connection with: ☐ Divorce proceedings ☐ Custody complaint ☐ Custody modification ☐ Paternity action ☐ Civil Protection Order case ☐ Other: [________________________________]

SECTION 2: SOLE LEGAL CUSTODY

2.1 Award of Sole Legal Custody

The Custodial Parent shall have sole legal custody of the child(ren), with exclusive authority to make all major decisions regarding the child(ren)'s health, education, and general welfare. D.C. Code § 16-914(a)(1)(A).

The Custodial Parent has the exclusive right to make decisions regarding:

1. Education: School enrollment (DCPS, charter, private), school changes, special education (IEP/504), My School DC lottery applications, tutoring, and educational support services.

2. Medical Care: Selection of healthcare providers, authorization of medical procedures, dental care, vision care, orthodontic treatment, and medications.

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

4. Religious Upbringing: Religious education, ceremonies, and worship attendance.

5. Extracurricular Activities: Enrollment in sports, activities, camps, and programs.

6. Travel: Domestic and international travel decisions.

7. Legal Matters: Legal name changes, passport applications, and other legal proceedings involving the child(ren).

2.2 Consultation with Non-Custodial Parent

☐ The Custodial Parent is encouraged, but not required, to consult with the Non-Custodial Parent on major decisions.

☐ The Custodial Parent shall provide the Non-Custodial Parent with notice of major decisions within [____] days after the decision is made.

☐ The Custodial Parent shall consult with the Non-Custodial Parent before making the following specific decisions: [________________________________]

2.3 Access to Records

The Non-Custodial Parent retains the right to access:

• School records, report cards, progress reports, and attendance records (directly from the school)
• Medical, dental, and mental health records (directly from healthcare providers)
• Extracurricular activity schedules and information

This right of access exists unless restricted by court order or Civil Protection Order.

SECTION 3: SOLE PHYSICAL CUSTODY

3.1 Award of Sole Physical Custody

The Custodial Parent shall have sole physical custody. The child(ren) shall reside primarily with the Custodial Parent at: [________________________________], Washington, D.C. [____]

The Custodial Parent has authority to determine the child(ren)'s daily routines, activities, rules, and care.

3.2 School Enrollment Address

For DCPS enrollment, charter school applications, and My School DC lottery purposes, the child(ren)'s residential address is the Custodial Parent's address listed above.

SECTION 4: NON-CUSTODIAL PARENT'S PARENTING TIME

4.1 Visitation Schedule

Select one option:

☐ Option A: Standard Visitation

• Alternating weekends: Friday at [____] PM to Sunday at [____] PM
• One midweek evening: [________________________________] from [____] PM to [____] PM (☐ overnight ☐ no overnight)
• Summer: [____] non-consecutive weeks with [____] days' advance written notice
• Total approximate overnights per year: [____]

☐ Option B: Expanded Visitation

• Alternating weekends: Friday after school to Monday morning school drop-off
• Two midweek evenings: [________________________________] and [________________________________] from after school to [____] PM
• Summer: [____] weeks (consecutive or split) with [____] days' advance written notice
• Total approximate overnights per year: [____]

☐ Option C: Supervised Visitation
Supervised visitation is required due to: ☐ Intrafamily offense ☐ Substance abuse ☐ Child abuse/neglect findings ☐ Mental health concerns ☐ CFSA involvement ☐ Court order ☐ Other: [________________________________]

• Frequency: [________________________________]
• Duration: [________________________________]
• Location: ☐ Supervised visitation center ☐ In the presence of [________________________________] (approved supervisor)
• Supervisor requirements: [________________________________]
• Cost of supervision: ☐ Non-Custodial Parent ☐ Shared ☐ Other: [________________________________]
• Review and step-up: Supervision requirements shall be reviewed every [____] months. Conditions for transition to unsupervised visitation: [________________________________]

☐ Option D: Restricted Visitation
Due to [________________________________], the Non-Custodial Parent's visitation is restricted to:
[________________________________]

☐ Option E: No Visitation
Based on the Court's finding that visitation would endanger the child(ren)'s physical or emotional health, no visitation is awarded at this time. D.C. Code § 16-914(a)(2). This determination may be reviewed upon motion showing changed circumstances.

☐ Option F: Custom Schedule
[________________________________]
[________________________________]

4.2 Holiday Schedule

☐ The Non-Custodial Parent shall have parenting time on the following holidays, alternating annually:

☐ No holiday visitation for the Non-Custodial Parent at this time.

4.3 Exchanges

Exchange Location: [________________________________]
(For cases involving domestic violence or safety concerns, exchanges may occur at the Moultrie Courthouse, 500 Indiana Avenue NW, or a Metropolitan Police Department district station.)

Exchange Protocol:
☐ Non-Custodial Parent picks up and returns the child(ren).
☐ Custodial Parent handles transportation.
☐ Third party handles exchanges: [________________________________]
☐ Curbside exchange (no direct contact between Parents).
☐ Other: [________________________________]

4.4 Communication Between Non-Custodial Parent and Child(ren)

The Custodial Parent shall facilitate reasonable communication between the Non-Custodial Parent and child(ren):

☐ Daily phone/video calls at [________________________________] for up to [____] minutes.
☐ Phone/video calls [____] times per week at [________________________________].
☐ Communication as mutually agreed.
☐ Communication through a monitored platform: [________________________________]
☐ No direct communication pending [________________________________].

The Custodial Parent shall not listen to, record, or interfere with parent-child communications unless safety concerns exist.

4.5 Emergency Notification

The Custodial Parent shall notify the Non-Custodial Parent within [____] hours of any emergency, serious illness, injury, hospitalization, or law enforcement contact involving the child(ren).

SECTION 5: CHILD'S EXPRESSED PREFERENCES

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

☐ The child(ren) are too young for their preferences to be meaningfully considered.
☐ The child(ren)'s expressed preferences have been considered and are consistent with this arrangement.
☐ The Parents request the Court interview the child(ren) in chambers regarding custody preferences.

SECTION 6: DOMESTIC VIOLENCE AND SAFETY PROVISIONS

6.1 Intrafamily Offense History

Pursuant to D.C. Code § 16-914(a)(3)(L), the court considers evidence of intrafamily offenses as defined in D.C. Code § 16-1001(8).

☐ Civil Protection Order (CPO) in effect. Case No.: [________________________________]. Issued on [__/__/____]. Expiration: [__/__/____]. The provisions of the CPO are incorporated by reference into this Agreement.

☐ Prior intrafamily offense finding. The Court or jury found that an intrafamily offense was committed. The Non-Custodial Parent bears the burden of proving that visitation will not endanger the child(ren) or significantly impair their emotional development. D.C. Code § 16-914(a)(2).

☐ CFSA involvement. The Child and Family Services Agency has been involved. Case reference: [________________________________]. Status: [________________________________]

☐ No domestic violence history.

6.2 Safety Provisions (if applicable)

☐ No contact between Parents except through: [________________________________]
☐ Supervised exchanges at a safe location: [________________________________]
☐ The Non-Custodial Parent shall complete: ☐ Batterer's intervention program ☐ Substance abuse assessment and treatment ☐ Anger management program ☐ Parenting classes ☐ Other: [________________________________]
☐ Drug/alcohol testing: ☐ Random ☐ Scheduled. Frequency: [________________________________]. Provider: [________________________________]
☐ The Non-Custodial Parent shall not possess firearms during parenting time, consistent with D.C. firearms regulations.
☐ Other safety provisions: [________________________________]

SECTION 7: HEALTH CARE AND INSURANCE

7.1 Health Insurance

☐ Custodial Parent shall maintain health, dental, and vision insurance for the child(ren).
☐ Non-Custodial Parent shall maintain health, dental, and vision insurance for the child(ren).
☐ Other arrangement: [________________________________]

7.2 Unreimbursed Medical Expenses

Unreimbursed medical expenses shall be allocated:
☐ Custodial Parent: [____]% / Non-Custodial Parent: [____]%
☐ Custodial Parent: 100%
☐ Other: [________________________________]

7.3 Health Care Information

The Non-Custodial Parent shall have the right to access the child(ren)'s medical records and communicate with healthcare providers unless restricted by court order.

SECTION 8: RELOCATION

8.1 Custodial Parent Relocation Within D.C.

The Custodial Parent may relocate within the District of Columbia with [____] days' written notice to the Non-Custodial Parent.

8.2 Custodial Parent Relocation Outside D.C.

The District of Columbia has no specific relocation statute. Relocation outside D.C. requires:
☐ Written consent of the Non-Custodial Parent; OR
☐ Court approval based on a best-interest analysis under D.C. Code § 16-914(a)(3).

Notice of proposed relocation shall include the new address, reason for move, proposed effective date, and proposed modification to the visitation schedule.

8.3 Non-Custodial Parent Relocation

The Non-Custodial Parent shall notify the Custodial Parent of any change of address within [____] days.

SECTION 9: COVENANTS AND RESTRICTIONS

9.1 Non-Interference

The Non-Custodial Parent shall not interfere with the Custodial Parent's decision-making authority or the child(ren)'s primary residence.

9.2 Non-Disparagement

Neither Parent shall make negative or disparaging remarks about the other Parent in the child(ren)'s presence or hearing.

9.3 Substance Use

Neither Parent shall consume alcohol to impairment or use controlled substances during parenting time or within twelve (12) hours prior. (Note: D.C. Initiative 71 legalized marijuana possession; however, impairment during parenting time remains relevant to best-interest determinations.)

9.4 Firearms Safety

All firearms shall be stored unloaded in locked containers with ammunition stored separately, consistent with D.C. Code § 7-2507.02.

9.5 Return of Child(ren)

The Non-Custodial Parent shall return the child(ren) to the Custodial Parent at the scheduled time and location. Failure to return the child(ren) without reasonable cause constitutes a material breach and may be reported to the Metropolitan Police Department.

9.6 Parental Alienation

Neither Parent shall engage in conduct designed to alienate the child(ren) from the other Parent.

9.7 Supervision Compliance

If supervised visitation is ordered, the Non-Custodial Parent shall comply with all supervision conditions, including fees, behavioral expectations, and supervisor directives.

SECTION 10: DISPUTE RESOLUTION

10.1 Multi-Door Dispute Resolution Division

Before filing any motion to enforce or modify this Agreement, the moving party shall first attempt resolution through the Multi-Door Dispute Resolution Division of the D.C. Superior Court, unless an exception applies.

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

Exceptions: Mediation is not required when there is an active CPO, allegations of intrafamily offense, or emergency circumstances requiring immediate court action.

10.2 Judicial Resolution

Either Parent may file a motion with the Superior Court of the District of Columbia, Family Court Operations Division, for enforcement or modification.

10.3 Emergency Relief

Either Parent may seek emergency relief from the Family Court without first pursuing mediation to protect the child(ren)'s immediate safety and welfare.

10.4 Attorney's Fees

The Court may award reasonable attorney's fees to the prevailing party in any enforcement or modification proceeding.

SECTION 11: MODIFICATION

This Agreement may be modified 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(g), and that the modification serves the child(ren)'s best interests.

The Non-Custodial Parent may petition for modification to joint custody if circumstances change and the basis for rebutting the joint custody presumption no longer exists.

SECTION 12: GENERAL PROVISIONS

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

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

12.3 Severability. If any provision is unenforceable, the remaining provisions continue in full force.

12.4 Integration. This Agreement constitutes the entire understanding between the Parents regarding custody.

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

12.6 Counterparts. This Agreement may be executed in counterparts and electronically.

12.7 Notice. All formal notices shall be provided to the addresses listed in Section 1.

SECTION 13: EXECUTION

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

CUSTODIAL PARENT:

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

NON-CUSTODIAL PARENT:

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

ACKNOWLEDGMENT

District of Columbia )
) ss.

On [__/__/____], before me, [________________________________], a Notary Public in and for the District of Columbia, personally appeared [________________________________] and [________________________________], known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same voluntarily.

WITNESS my hand and official seal.

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

[SEAL]

ORDER APPROVING SOLE CUSTODY AGREEMENT

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

Case No.: [________________________________]

The Court, having reviewed the foregoing Sole Custody Agreement and considered the sixteen (16) 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 been rebutted, hereby finds that sole legal and sole physical custody to the Custodial Parent serves the best interests of the minor child(ren).

☐ The Court further finds that visitation by the Non-Custodial Parent, as set forth herein, will not endanger the child(ren) or significantly impair their emotional development.

☐ The Court further finds that supervised visitation is necessary to protect the child(ren)'s safety and welfare.

IT IS THEREFORE ORDERED that the Sole 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 (custody types, rebuttable presumption, best interest factors): https://code.dccouncil.gov/us/dc/council/code/sections/16-914
• D.C. Code § 16-914(a)(2) — Rebuttable presumption favoring joint custody; reversal upon finding of intrafamily offense: https://code.dccouncil.gov/us/dc/council/code/sections/16-914
• D.C. Code § 16-1001 et seq. — Intrafamily Offenses Act (definitions): https://code.dccouncil.gov/us/dc/council/code/titles/16/chapters/10
• D.C. Code § 16-1003 — Civil Protection Orders: https://code.dccouncil.gov/us/dc/council/code/sections/16-1003
• 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
• Child and Family Services Agency (CFSA): https://cfsa.dc.gov
• Family Court Self-Help Center: (202) 879-0096