SOLE CUSTODY AGREEMENT

(West Virginia)

[// GUIDANCE: This template establishes sole legal and physical custody with one parent (the "Custodial Parent") while providing reasonable visitation rights to the non-custodial parent. Sole custody arrangements are appropriate when joint custody is not feasible due to distance, conflict, parental unfitness, domestic violence history, or other circumstances affecting the child's best interests.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title and Parties

This Sole Custody Agreement ("Agreement") is entered into by and between [CUSTODIAL PARENT NAME] ("Custodial Parent") and [NON-CUSTODIAL PARENT NAME] ("Non-Custodial Parent," and together the "Parents") concerning the custody and parenting of the minor child(ren) listed below.

1.2 Identification of Minor Child(ren)

• Name: [CHILD 1 NAME]; DOB: [MM/DD/YYYY]
• Name: [CHILD 2 NAME]; DOB: [MM/DD/YYYY]
(Each individually, a "Child," and collectively, the "Children.")

1.3 Effective Date; Court Jurisdiction

This Agreement is effective as of [EFFECTIVE DATE] and shall be filed for incorporation into a stipulated judgment of the [STATE/COUNTY] Family Court ("Court"). The Court retains continuing, exclusive jurisdiction to modify or enforce this Agreement consistent with West Virginia family law.

1.4 Recitals

A. Parents are the natural and legal parents of the Children.
B. Parents agree that it is in the Children's best interests for the Custodial Parent to have sole legal and physical custody.
C. The Non-Custodial Parent shall have reasonable visitation rights as set forth herein.
D. This arrangement serves the Children's welfare, safety, and developmental needs.

2. DEFINITIONS

2.1 "Agreement" has the meaning set forth in Section 1.
2.2 "Best Interests Standard" means the considerations under West Virginia law for determining custody arrangements.
2.3 "Court" has the meaning set forth in Section 1.3.
2.4 "Custodial Parent" means [NAME], who has sole legal and physical custody of the Children.
2.5 "Non-Custodial Parent" means [NAME], who has visitation rights as defined herein.
2.6 "Sole Legal Custody" means the Custodial Parent has exclusive authority to make all major decisions relating to the Children's health, education, and welfare.
2.7 "Sole Physical Custody" means the Children primarily reside with the Custodial Parent.
2.8 "Visitation" or "Parenting Time" means the periods during which the Non-Custodial Parent has physical care of the Children.
2.9 "Supervised Visitation" means visitation that occurs in the presence of a neutral third party or at a supervised visitation center. [DELETE IF NOT APPLICABLE]

3. OPERATIVE PROVISIONS

3.1 Sole Legal Custody

The Custodial Parent shall have sole legal custody of the Children, including the exclusive right to make all major decisions regarding:
• Education (school enrollment, special education, tutoring)
• Medical care (healthcare providers, treatment, medications, procedures)
• Mental health services (counseling, therapy, psychiatric treatment)
• Religious upbringing
• Extracurricular activities
• Travel (domestic and international)
• Legal matters

The Custodial Parent shall make decisions in the Children's best interests and may, but is not required to, consult with the Non-Custodial Parent.

3.2 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 has authority to determine the Children's day-to-day activities, routines, rules, discipline, and care.

3.3 Non-Custodial Parent Visitation Schedule

[SELECT ONE:]

Option A: Standard Visitation Schedule
• Weekends: Every other weekend from Friday at 6:00 PM to Sunday at 6:00 PM
• Weekdays: One evening per week (e.g., Wednesday) from 5:00 PM to 8:00 PM
• Extended Summer: Two (2) non-consecutive weeks during summer vacation with 30 days' advance notice

Option B: Expanded Visitation Schedule
• Weekends: Alternating weekends from Friday after school to Monday morning (school drop-off)
• Weekdays: Two evenings per week from after school to 8:00 PM
• Extended Summer: Four (4) weeks during summer (may be consecutive or split) with 60 days' advance notice

Option C: Restricted/Supervised Visitation [Use when safety concerns exist]
• Frequency: [Specify: e.g., once weekly for 2 hours]
• Location: [Supervised visitation center OR in presence of SPECIFY SUPERVISOR]
• Conditions: [E.g., substance abuse testing, completion of parenting classes, therapeutic supervision]
• Progress Review: Parties agree to review supervision requirements every [X] months with potential for modification upon demonstrated progress.

Option D: Custom Schedule
[INSERT CUSTOM SCHEDULE]

Exchange Location: [SPECIFY - e.g., Custodial Parent's residence, neutral location, school]
Transportation: [SPECIFY which parent is responsible for pick-up and drop-off]

3.4 Holiday and Special Occasion Schedule

[Specify holiday allocation]:
• Thanksgiving: [Even/odd years with Custodial Parent or Non-Custodial Parent]
• Winter Break: [Split or alternating years]
• Spring Break: [Alternating years or split]
• Mother's Day: Children with Mother from [time] to [time]
• Father's Day: Children with Father from [time] to [time]
• Children's Birthdays: [Alternating years or shared celebration]
• Other holidays: [SPECIFY]

Holiday visitation supersedes the regular visitation schedule.

3.5 Vacation Time

The Non-Custodial Parent may have up to [X] weeks of vacation time per year with at least [30-60] 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 without the Non-Custodial Parent's consent for trips within the United States of less than [X] days.

3.6 Communication

a. Parent-Child Contact: The Custodial Parent shall facilitate reasonable phone/video communication between the Non-Custodial Parent and Children at reasonable times, generally [e.g., daily at 7:00 PM for up to 15 minutes].
b. Between Parents: Parents shall communicate regarding the Children's welfare primarily through [email/text/co-parenting app]. Communication shall remain respectful and child-focused.
c. Emergency Notification: The Custodial Parent shall notify the Non-Custodial Parent within [24] hours of any emergency, serious illness, injury, or hospitalization involving the Children.

3.7 Information Sharing

The Non-Custodial Parent shall have the right to access:
• School records, report cards, and progress reports (directly from the school)
• Medical, dental, and mental health records (directly from healthcare providers)
• Notification of school events and extracurricular activities

The Custodial Parent shall provide the Non-Custodial Parent with copies of report cards and significant medical information within [X] days of receipt.

3.8 Relocation

The Custodial Parent may relocate with the Children within [specify geographic area, e.g., the state of West Virginia] without the Non-Custodial Parent's consent, provided [30] days' written notice is given.

Relocation outside of [the state/specified area] requires either:
(a) Written consent of the Non-Custodial Parent; or
(b) Court approval after consideration of the Children's best interests.

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

3.9 Right of First Refusal [OPTIONAL]

If the Custodial Parent is unavailable to care for the Children for more than [X] consecutive hours, the Custodial Parent shall first offer the Non-Custodial Parent the opportunity to provide care before arranging third-party childcare. [DELETE IF NOT APPLICABLE]

3.10 Modification of Custody or Visitation

Either Parent may petition the Court for modification of custody or visitation based on a material change in circumstances affecting the Children's best interests.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority
Each Parent represents full legal capacity to enter this Agreement and that no other person has superior custodial rights.

4.2 Disclosure
Each Parent has disclosed all material information regarding the Children's health, education, welfare, and any special needs.

4.3 No Pending Proceedings
Except as disclosed herein, no criminal, child protective services, or restraining-order proceedings are pending that would affect this Agreement.

4.4 Best Interests
Both Parents represent that this sole custody arrangement serves the Children's best interests.

4.5 Survival
These representations survive execution and continue for the duration of the Agreement.

5. COVENANTS & RESTRICTIONS

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

5.2 Non-Disparagement
Neither Parent shall make negative or disparaging remarks about the other Parent in the presence or hearing of the Children.

5.3 Substance-Use Restriction
The Non-Custodial Parent shall not consume alcohol to impairment or use illegal substances during or within [12] hours prior to visitation.

5.4 Firearms Safety
All firearms in the Non-Custodial Parent's home shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the Children.

5.5 Return of Children
The Non-Custodial Parent shall return the Children to the Custodial Parent at the scheduled time and location. Late returns without reasonable notice and excuse constitute a material breach.

5.6 Supervision Requirements [IF APPLICABLE]
The Non-Custodial Parent shall comply with all supervised visitation requirements, including supervision fees, behavioral expectations, and any conditions imposed by the supervisor or Court.

5.7 No Parental Alienation
Neither Parent shall engage in conduct designed to alienate the Children from the other Parent or undermine the parent-child relationship.

6. DEFAULT & REMEDIES

6.1 Events of Default
a. Failure to return Children at scheduled time without good cause;
b. Violation of supervised visitation conditions;
c. Interference with the Custodial Parent's sole legal custody rights;
d. Material breach of any covenant in Article 5;
e. Contempt of Court findings.

6.2 Notice & Cure
The non-defaulting Parent shall provide written notice specifying the default. The defaulting Parent shall have [7-10] days to cure, unless the default threatens immediate harm to the Children.

6.3 Remedies
a. Suspension or modification of visitation;
b. Make-up visitation time;
c. Requirement of supervised visitation;
d. Modification of custody arrangements;
e. Contempt proceedings;
f. Reallocation of attorney's fees and costs;
g. Any other relief available at law or equity.

6.4 Attorneys' Fees
The prevailing Parent in any enforcement proceeding shall be entitled to reasonable attorneys' fees and costs, subject to Court approval.

7. RISK ALLOCATION

7.1 Indemnification
Each Parent shall indemnify and hold harmless the other from any loss, liability, or expense (including attorneys' fees) resulting from that Parent's breach of any provision that compromises the Children's health, safety, or welfare.

7.2 Insurance
a. Health Insurance: [SPECIFY PARENT] shall maintain comprehensive health, dental, and vision insurance for the Children.
b. Uninsured Medical Expenses: [Custodial Parent shall pay 100% / Parents shall split XX%-XX%] of uninsured medical expenses.
c. Automobile Insurance: Each Parent shall maintain auto insurance when transporting the Children.

7.3 Force Majeure
Visitation obligations may be temporarily suspended for serious illness, natural disasters, or governmental orders. The Non-Custodial Parent shall provide prompt notice and reschedule missed visitation within [30] days when possible.

8. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement is governed by West Virginia family law.

8.2 Forum Selection
Exclusive jurisdiction lies in the [SPECIFY COURT], West Virginia.

8.3 Mediation
Before seeking Court intervention, Parents shall attempt mediation with a qualified family mediator, except in emergencies.

8.4 Arbitration
Limited to non-custodial financial disputes by mutual written consent. Custody and visitation matters remain within the Court's jurisdiction.

8.5 Injunctive Relief
Either Parent may seek immediate injunctive relief to protect the Children's welfare.

9. GENERAL PROVISIONS

9.1 Amendment
This Agreement may be modified only by written agreement of both Parents and Court approval, or by Court order.

9.2 Assignment
Custodial rights are personal and non-assignable.

9.3 Severability
If any provision is unenforceable, the remaining provisions remain in effect.

9.4 Integration
This Agreement constitutes the entire understanding regarding custody and supersedes all prior agreements.

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

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parents have executed this Agreement as of the Effective Date.

ACKNOWLEDGMENT

State of West Virginia )
County of __________ )

On ________________ before me, _________________________, a Notary Public, personally appeared the parties named above, who acknowledged execution of this Agreement.

WITNESS my hand and official seal.
_________________________________
Notary Public

[Seal]