Virginia Sole Custody Agreement

VIRGINIA SOLE CUSTODY AGREEMENT

Sole custody with a proposed visitation schedule

Before you use this: Complete the schedule and review any existing custody, visitation, protection, and support order. This agreement does not replace a court order unless the court approves the change.

This Agreement is made on [__/__/____] between [CUSTODIAL PARENT FULL NAME] and [OTHER PARENT FULL NAME] concerning the children below. The parents propose sole custody to the Custodial Parent and the contact arrangements stated here, subject to the court's best interests decision. Virginia defines sole custody as one person's responsibility for the child's care and control and primary authority to make decisions; there is no statutory presumption favoring sole custody. Va. Code §§ 20-124.1, 20-124.2(B).

1. Children and current orders

Custody or visitation court and case number: [COURT AND CASE NUMBER / NONE]. Current order date: [__/__/____ / NONE].

Protective order affecting a parent, child, contact, or exchanges: [COURT, CASE NUMBER, TERMS / NONE]. The parents will follow every controlling order.

2. Sole custody and major decisions

The parents propose that [CUSTODIAL PARENT NAME] retain responsibility for the children's care and control and primary authority over education, nonemergency health care, residence, and other major decisions, subject to any controlling court order. The child will primarily reside at [ADDRESS]. Va. Code § 20-124.1.

The Custodial Parent will inform the Other Parent of significant school or health developments through [METHOD AND TIMING], unless a court order limits contact or disclosure. Consultation on major decisions, if appropriate: [METHOD / NONE]. Consultation does not transfer the proposed primary decision authority. The Other Parent may make ordinary day-to-day decisions during permitted parenting time consistent with the controlling order. In an emergency, the parent with the child may obtain needed care and will notify the other parent as soon as practical, subject to any protective order.

Reasons the parents ask the court to consider this arrangement, with concrete child-related facts: [________________________________]. The court considers all relevant best interests factors, including the child's needs, each parent's role, cooperation, and any relevant abuse or safety history. Va. Code § 20-124.3.

3. Other Parent's visitation and exchanges

The proposed contact schedule begins [__/__/____], subject to court approval and existing orders.

Contact arrangement: ☐ Unsupervised ☐ Supervised only as ordered by [COURT AND ORDER DATE]. If supervised contact is ordered, supervisor or program: [NAME AND CONTACT], location: [LOCATION], and payment arrangement: [TERMS]. This agreement does not itself remove an existing supervision requirement.

If an exchange cannot occur, the parents will promptly discuss a safe alternative. Any agreed make-up time should be recorded in writing; the controlling order and court review govern unresolved changes.

4. Holidays, breaks, and communication

The completed holiday table supersedes the regular schedule for the periods listed. Specify the year pattern and exact exchange times.

Vacation requests: [NUMBER] days, [NUMBER] days' advance notice, by [METHOD]. Travel contact information: [DETAILS AND TIMING]. If dates conflict and the parents cannot agree, the existing order controls.

Reasonable child contact with the Other Parent by phone or video: [TIMES AND METHOD], subject to the child's needs and any protective order.

5. Records, relocation, and safety

The Other Parent may request the child's academic, health, and child-care records under Va. Code § 20-124.6 even if that parent lacks custody. A court order for good cause and the health-record exception in subsection B may limit access. The parents' information-sharing method is [METHOD].

Any custody or visitation order must require 30 days' advance written notice to the court and other party of an intended relocation or address change, unless the court orders otherwise for good cause. The court may specify the notice form and content. Va. Code § 20-124.5. Notice alone does not change the child's residence or contact schedule. Current notice addresses: Custodial Parent [ADDRESS]; Other Parent [ADDRESS].

Exchange safety terms, if needed: [SUPERVISED EXCHANGE / PUBLIC LOCATION / OTHER / NONE]. Any protective order controls over this Agreement. The court considers relevant abuse and safety history in its best interests review. Va. Code § 20-124.3(9).

6. Support and expenses

Existing child support order: [COURT, CASE NUMBER, DATE / NONE]. This Agreement does not change it. Voluntary allocation of expenses outside an order: [TYPE, SHARE, PAYMENT METHOD, DUE DATE / NONE]. A court may address child support and health coverage in the custody case. Va. Code § 20-124.2(C).

7. Changes and disputes

The parents will try to resolve scheduling disagreements in writing if safe and practical. Mediation may be used when appropriate. Either parent may seek court relief. The court retains authority to enforce its orders and to revise custody as circumstances and the children's benefit require. Va. Code §§ 20-124.2(E), 20-108. Visitation terms, including any supervision, change only through the route required by the controlling order and court. No missed exchange automatically changes custody or creates a fee award.

Proposed changes should be written and signed by both parents. A change to a court order requires court approval before it replaces the order.

8. Signatures

The parents have reviewed this Agreement and its completed schedules and request court approval where an order is required.

Sources and References

• Virginia custody and visitation statutes
• Virginia Code § 20-108