Virginia Sole Custody Agreement

VIRGINIA SOLE CUSTODY AGREEMENT

Stipulation for Sole Legal and Physical Custody with Visitation

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

VIRGINIA STATUTORY FRAMEWORK FOR SOLE CUSTODY

Under Virginia Code section 20-124.1, "sole custody" means that one person retains responsibility for the care and control of a child and has primary authority to make decisions concerning the child.

Virginia Code section 20-124.2 provides that the court shall give primary consideration to the best interests of the child and may award joint legal, joint physical, or sole custody, with no presumption in favor of any form of custody. Even when sole custody is awarded, the court shall assure minor children of frequent and continuing contact with both parents when appropriate (Va. Code § 20-124.2).

When Sole Custody Is Appropriate Under Virginia Law:
Sole custody may be appropriate when the parents cannot effectively communicate or cooperate on child-rearing decisions, when there is a history of family abuse (Va. Code § 16.1-228), when one parent has substance abuse issues, when geographic distance makes joint custody impracticable, or when other circumstances make joint custody contrary to the child's best interests under Va. Code § 20-124.3.

Virginia Court Structure:

• Juvenile and Domestic Relations District Court (J&DR Court): Original jurisdiction over custody petitions filed independently of divorce (Va. Code § 16.1-241).
• Circuit Court: Jurisdiction over custody filed with a divorce action (Va. Code § 20-124.2).

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

Custodial Parent (Petitioner / Respondent):
Full Legal Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Non-Custodial Parent (Petitioner / Respondent):
Full Legal Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

1.2 Minor Child(ren)

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

1.3 Effective Date

This Sole 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 Basis for Sole Custody

The Parents stipulate that sole custody to the Custodial Parent is in the Children's best interests for the following reason(s):

☐ Parents are unable to effectively communicate and cooperate regarding child-rearing decisions
☐ Geographic distance between Parents' residences makes joint custody impracticable
☐ History of family abuse as defined in Va. Code § 16.1-228 (specify): [________________________________]
☐ Non-Custodial Parent's substance abuse history (specify): [________________________________]
☐ Non-Custodial Parent's incarceration or extended absence
☐ Non-Custodial Parent's mental health condition affecting parenting capacity
☐ Non-Custodial Parent's voluntary agreement to sole custody arrangement
☐ Other: [________________________________]

2. SOLE LEGAL CUSTODY

2.1 Award of Sole Legal Custody

The Custodial Parent shall have sole legal custody of the Children as defined by Va. Code § 20-124.1, including primary authority to make all major decisions regarding:

(a) Education: School enrollment and changes, public vs. private school, special education services (IEP/504 plans), tutoring, homeschooling, childcare/daycare selection;
(b) Medical Care: Selection of healthcare providers, non-emergency medical treatment, dental care, vaccinations, medications, and surgical procedures;
(c) Mental Health: Initiation of counseling, therapy, psychiatric evaluation, or psychotropic medication;
(d) Religious Upbringing: Religious instruction, ceremonies, and regular religious observance;
(e) Extracurricular Activities: Enrollment in sports, lessons, camps, and other activities;
(f) Travel: Authorization for domestic and international travel;
(g) Legal Matters: Any legal action taken on behalf of the Children;
(h) Driver's License and Employment: Consent for a minor child to obtain a learner's permit, driver's license, or employment.

2.2 Consultation with Non-Custodial Parent

☐ Option A: Notification Only -- The Custodial Parent shall notify the Non-Custodial Parent of Major Decisions within [____] days of making them. The Custodial Parent is not required to consult with the Non-Custodial Parent before making Major Decisions.

☐ Option B: Courtesy Consultation -- The Custodial Parent shall make reasonable efforts to inform the Non-Custodial Parent of upcoming Major Decisions and consider the Non-Custodial Parent's input, but the Custodial Parent retains final decision-making authority.

☐ Option C: Required Consultation for Specified Decisions -- The Custodial Parent shall consult with the Non-Custodial Parent before making the following specific decisions, though the Custodial Parent retains final authority:
[________________________________]
[________________________________]

2.3 Emergency Decisions

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

3. SOLE PHYSICAL CUSTODY

3.1 Award of Sole Physical Custody

The Custodial Parent shall have sole physical custody. The Children shall reside primarily with the Custodial Parent at [________________________________] (address).

The Custodial Parent shall have authority to determine the Children's day-to-day activities, routines, discipline, and care.

3.2 Non-Custodial Parent Visitation Schedule

Virginia Note: Under Va. Code § 20-124.2, the court shall assure minor children of frequent and continuing contact with both parents when appropriate. Even under sole custody, the Non-Custodial Parent is entitled to reasonable visitation unless the court finds that such visitation would endanger the child.

Select one:

☐ Option A: Standard Virginia Visitation Schedule

• Alternating Weekends: Every other weekend from Friday at [____] PM to Sunday at [____] PM

• Midweek Visit: One evening per week ([________________________________]) from [____] PM to [____] PM
  ☐ With overnight return to school the following morning
  ☐ Dinner visit only, return by [____] PM

• Extended Summer: Two (2) non-consecutive weeks during summer vacation with [____] days' advance written notice

☐ Option B: Expanded Visitation Schedule

• Alternating Weekends: Every other weekend from Friday after school to Monday morning school drop-off
• Midweek Visits: Two evenings per week ([________________________________] and [________________________________]) from after school to [____] PM
• Extended Summer: Four (4) weeks during summer (may be consecutive or split) with sixty (60) days' advance written notice

☐ Option C: Restricted / Supervised Visitation

• Frequency: [________________________________] (e.g., once weekly for 2 hours; twice monthly for 3 hours)

• Supervision Type:
  ☐ Professional supervised visitation center (e.g., Fairfax County Stronger Together Program; Virginia Beach YWCA Supervised Visitation; Richmond Family YWCA)
  ☐ Therapeutic supervised visitation with licensed therapist: [________________________________]
  ☐ Supervision by approved third party: [________________________________]

• Conditions for Modification of Supervision:
  ☐ Completion of a certified batterer's intervention program (Va. Code § 16.1-279.1)
  ☐ Completion of substance abuse treatment and [____] consecutive months of verified sobriety
  ☐ Completion of a court-approved parenting education program
  ☐ [____] consecutive months of successful supervised visitation without incident
  ☐ Evaluation and recommendation by a qualified mental health professional
  ☐ Other: [________________________________]

• Progress Review: The parties agree to review supervised visitation conditions every [____] months.

☐ Option D: Custom Schedule
[________________________________]

3.3 Exchange Details

Exchange Location:
☐ Custodial Parent's residence (curbside)
☐ School -- Custodial Parent delivers; Non-Custodial Parent picks up (and reverse)
☐ Neutral public location: [________________________________]
☐ Supervised exchange facility: [________________________________]
☐ Other: [________________________________]

Transportation:
☐ Non-Custodial Parent responsible for all pick-up and drop-off
☐ Custodial Parent responsible for all pick-up and drop-off
☐ Shared -- Non-Custodial Parent picks up; Custodial Parent picks up for return
☐ Other: [________________________________]

3.4 Holiday and Special Occasion Schedule

Holidays supersede the regular visitation schedule.

3.5 Vacation Time

The Non-Custodial Parent may have up to [____] weeks of vacation time per calendar year with at least [____] days' written notice to the Custodial Parent. Vacation requests shall not unreasonably interfere with the Children's school schedule or pre-existing commitments.

The Custodial Parent may travel with the Children within the United States for trips of up to [____] days without the Non-Custodial Parent's consent, provided the Custodial Parent provides an itinerary and emergency contact information.

3.6 Passport and International Travel

(a) Both Parents must consent to passport applications for the Children (22 U.S.C. § 2714a).
(b) International travel by either Parent with the Children requires the written consent of the other Parent or a court order.
(c) The traveling Parent shall provide the other Parent with an itinerary, copies of travel documents, and emergency contact information at least [____] days before departure.

4. COMMUNICATION AND INFORMATION ACCESS

4.1 Parent-Child Communication

The Custodial Parent shall facilitate reasonable phone and/or video communication between the Children and the Non-Custodial Parent:
☐ Daily at approximately [____] AM/PM for up to [____] minutes
☐ [____] times per week at reasonable times as agreed
☐ Other: [________________________________]

Neither Parent shall monitor, record, or interfere with the Children's private communication with the other Parent (except as age-appropriate for young children).

4.2 Non-Custodial Parent's Right of Access to Records

Under Virginia law, the Non-Custodial Parent retains the right to access:
(a) School records, report cards, progress reports, and teacher communications (directly from the school);
(b) Medical, dental, and mental health records (directly from healthcare providers);
(c) Notification of school events, extracurricular activities, and medical appointments.

The Custodial Parent shall provide copies of report cards and significant medical information within [____] days of receipt. Both Parents shall be listed as emergency contacts on all school and medical records.

4.3 Communication Between Parents

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

4.4 Emergency Notification

The Custodial Parent shall notify the Non-Custodial Parent within twenty-four (24) hours of any:
(a) Emergency room visit or hospitalization;
(b) Serious illness or injury;
(c) Contact with law enforcement involving the Children;
(d) Involvement with Child Protective Services;
(e) School suspension or expulsion.

4.5 Non-Disparagement

(a) Neither Parent shall make negative or disparaging remarks about the other Parent in the Children's presence or hearing.
(b) Neither Parent shall discuss court proceedings, support payments, or adult matters with the Children.
(c) Neither Parent shall use the Children as messengers.
(d) Neither Parent shall question the Children about the other Parent's personal life.

Virginia Note: Under Va. Code § 20-124.3(6), the propensity of each parent to actively support the child's contact and relationship with the other parent is a best-interest factor. Disparagement and alienation conduct may be considered in any future modification proceeding.

5. RELOCATION

5.1 Custodial Parent Relocation

(a) The Custodial Parent may relocate with the Children within [________________________________] (specify geographic area, e.g., the Commonwealth of Virginia, the Northern Virginia region, within 50 miles of current residence) without the Non-Custodial Parent's consent, provided [____] days' written notice is given.

(b) Relocation outside of the specified area requires either:
(i) Written consent of the Non-Custodial Parent; or
(ii) Court approval following a best-interest analysis under Va. Code § 20-124.3 and the standards set forth in Cloutier v. Queen, 35 Va. App. 413 (2001).

(c) Notice of proposed relocation shall include: the intended new address, reason for the move, proposed effective date, and a proposed revised visitation schedule.

5.2 Non-Custodial Parent Relocation

The Non-Custodial Parent shall provide at least [____] days' written notice before relocating. If the Non-Custodial Parent's relocation substantially impairs the visitation schedule, the parties shall negotiate a revised schedule in good faith. If agreement cannot be reached, either Parent may petition the Court.

6. DOMESTIC VIOLENCE AND SAFETY PROVISIONS

6.1 Domestic Violence Screening

☐ 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.

☐ Prior Finding(s) Exist -- [________________________________]. The following safety provisions are incorporated into this Agreement:

6.2 Safety Provisions (if applicable)

☐ Exchanges shall occur at a supervised exchange facility or public location
☐ The Non-Custodial Parent shall not consume alcohol or controlled substances within [____] hours before or during visitation
☐ The Non-Custodial Parent shall maintain compliance with all conditions of any existing protective order
☐ The Non-Custodial Parent shall complete the following program(s) before unsupervised visitation: [________________________________]
☐ A Guardian Ad Litem shall be appointed pursuant to Va. Code § 16.1-266 to monitor the Children's welfare
☐ Other: [________________________________]

7. 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. Virginia does not prescribe a specific age at which a child may choose a custodial parent; the weight increases with the child's maturity.

☐ Not Applicable -- No Child has expressed a preference or is of sufficient maturity.

☐ Applicable -- [________________________________] (Child's name), age [____], has expressed a preference. The Parents have considered this preference along with all other best-interest factors.

8. RIGHT OF FIRST REFUSAL

☐ Included -- If the Custodial Parent is unavailable to care for the Children for more than [____] consecutive hours, the Custodial Parent shall first offer the Non-Custodial Parent the opportunity to care for the Children before arranging third-party childcare.

Exceptions: ☐ Grandparents ☐ Stepparent in household ☐ Regular daycare/school ☐ Scheduled activities ☐ Other: [________________________________]

☐ Not Included

9. COVENANTS AND RESTRICTIONS

9.1 Substance Use

(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 impaired person to care for the Children.

9.2 Firearms Safety

Where a Parent possesses a firearm in a residence in which a Child is present, the firearm and its ammunition shall be stored in a locked container, compartment, or cabinet inaccessible to the Children, or the firearm shall be rendered incapable of firing by use of a locking device, as required by Va. Code § 18.2-308.7:1, and consistent with Va. Code § 18.2-56.2 (allowing access to firearms by children).

9.3 Introduction of New Partners

New romantic partners shall not be introduced to the Children until the relationship has been stable for at least [____] months. No new partner shall reside overnight while the Children are present until [________________________________].

9.4 Non-Interference

The Non-Custodial Parent shall not interfere with the Custodial Parent's decision-making authority or the Children's primary residence.

9.5 Return of Children

The Non-Custodial Parent shall return the Children to the Custodial Parent at the scheduled time and location. Repeated late returns without reasonable cause constitute a material breach. Under Va. Code § 20-124.6, the intentional withholding of a child may constitute a material change in circumstances.

10. DISPUTE RESOLUTION

10.1 Direct Communication

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

10.2 Mediation

If direct communication fails, Parents shall engage in mediation with a Virginia Supreme Court certified mediator before seeking court intervention, except in cases involving domestic violence or immediate danger to the Children.

Cost allocation: ☐ Equal ☐ [____]% Custodial Parent / [____]% Non-Custodial Parent

10.3 Guardian Ad Litem

Either Parent may request that the Court appoint a Guardian Ad Litem pursuant to Va. Code § 16.1-266 to investigate and make recommendations regarding the Children's best interests.

10.4 Court Proceedings

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

10.5 Attorney's Fees

☐ Each Parent bears own fees ☐ Prevailing party entitled to fees ☐ As Court may award

11. MODIFICATION

11.1 Standard for Modification

This Agreement, once incorporated as a court order, may be modified upon a showing that: (1) there has been a material change in circumstances since the entry of the order; and (2) a change in custody or visitation serves the Children's best interests. See Keel v. Keel, 225 Va. 606 (1983); Va. Code § 20-124.3.

11.2 Transition from Supervised to Unsupervised Visitation

If supervised visitation was ordered, the Non-Custodial Parent may petition for unsupervised visitation upon demonstrating:
(a) Compliance with all conditions set forth in Section 3.2, Option C;
(b) A material change in circumstances showing the basis for supervision has been addressed;
(c) That unsupervised visitation serves the Children's best interests.

12. CHILD SUPPORT CROSS-REFERENCE

☐ Child support is addressed in a separate order under Va. Code § 20-108.2.
☐ Child support is addressed concurrently. See attached Virginia child support guidelines worksheet.
☐ The Parents acknowledge that the sole custody designation affects child support calculations under the presumptive guidelines of Va. Code § 20-108.2.

13. GENERAL PROVISIONS

13.1 Incorporation into Court Order

This Agreement shall be submitted for approval and incorporation into a court order pursuant to Va. Code § 20-109.1.

13.2 Integration

This Agreement constitutes the entire understanding between the Parents regarding custody and visitation and supersedes all prior agreements.

13.3 Amendment

Modification requires a written stipulation signed by both Parents and approved by the Court, or a court order following a hearing.

13.4 Severability

If any provision is unenforceable, the remaining provisions continue in full force and effect.

13.5 Enforcement

Once incorporated as a court order, this Agreement is enforceable by contempt proceedings and any other remedy available at law or equity.

13.6 Counterparts

This Agreement may be executed in counterparts and by electronic signature pursuant to Va. Code § 59.1-479 et seq.

13.7 Notice

All notices shall be sent to the addresses in Section 1.1 or as updated in writing.

14. EXECUTION

IN WITNESS WHEREOF, the Parents have executed this Agreement and request that the Court approve and incorporate it pursuant to Va. Code § 20-109.1.

CUSTODIAL PARENT:

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

NON-CUSTODIAL PARENT:

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

ATTORNEY FOR CUSTODIAL PARENT (if applicable):

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

ATTORNEY FOR NON-CUSTODIAL PARENT (if applicable):

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

15. ORDER OF THE COURT

The Court, having reviewed the foregoing Stipulation for Sole Legal and Physical Custody and finding that it 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. Sole legal and sole physical custody is awarded to [________________________________] (Custodial Parent), with visitation to [________________________________] (Non-Custodial Parent) as set forth above, effective [__/__/____].

The Court has considered the best-interest factors under Va. Code § 20-124.3, including:
☐ (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
☐ (6) Propensity of each parent to support contact with the other parent
☐ (7) Relative willingness and demonstrated ability of each parent to maintain a close relationship with the child and to cooperate in resolving disputes affecting the child
☐ (8) Reasonable preference of the child
☐ (9) History of family abuse, sexual abuse, child abuse, or a qualifying act of violence, force, or threat under Va. Code § 19.2-152.7:1
☐ (10) 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

• Va. Code §§ 20-124.1 through 20-124.6 -- Custody and Visitation Arrangements: https://law.lis.virginia.gov/vacodefull/title20/chapter6.1/
• Va. Code § 20-124.3 -- Best Interests of the Child: https://law.lis.virginia.gov/vacode/title20/chapter6.1/section20-124.3/
• Va. Code § 20-108 -- Revision and Alteration of Decrees: https://law.lis.virginia.gov/vacode/title20/chapter6/section20-108/

Domestic Violence and Protective Orders

• Va. Code § 16.1-228 -- Family Abuse Definition: https://law.lis.virginia.gov/vacode/title16.1/chapter11/section16.1-228/
• Va. Code § 16.1-279.1 -- Protective Orders: https://law.lis.virginia.gov/vacode/title16.1/chapter11/section16.1-279.1/

Guardian Ad Litem

• Va. Code § 16.1-266 -- Appointment of GAL: https://law.lis.virginia.gov/vacode/title16.1/chapter11/section16.1-266/

Supervised Visitation Programs

• Fairfax County J&DR Court -- Stronger Together Program: https://www.fairfaxcounty.gov/juveniledomesticrelations/domestic-relations/supervisedvisitation
• Virginia Court System -- Domestic Violence Programs: https://www.courts.state.va.us/courtadmin/aoc/djs/programs/dvps/home

Key Case Law

• Keel v. Keel, 225 Va. 606, 303 S.E.2d 917 (1983) -- Material change in circumstances standard
• Cloutier v. Queen, 35 Va. App. 413, 545 S.E.2d 574 (2001) -- Relocation standard

Virginia Court Self-Help

• Virginia Judicial System -- Custody, Visitation & Support: https://selfhelp.vacourts.gov/page/13/custody-visitation-support

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.