District of Columbia Temporary Custody Agreement

TEMPORARY CUSTODY AGREEMENT

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

Case Number (if applicable): [________________________________]

DISTRICT OF COLUMBIA TEMPORARY CUSTODY FRAMEWORK

Temporary custody in the District of Columbia may arise in several contexts:

1. Pendente lite (pending litigation): Temporary custody during divorce, separation, or custody proceedings, governed by D.C. Code § 16-914 and the D.C. Superior Court Rules Governing Domestic Relations Proceedings.

2. Emergency jurisdiction: Under the D.C. Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), D.C. Code § 16-4602.04, a D.C. court may exercise temporary emergency jurisdiction if a child is present in D.C. and has been abandoned or needs emergency protection due to abuse or domestic violence.

3. Delegation to a non-parent: A parent may temporarily delegate physical custody to a relative, de facto parent (D.C. Code § 16-831.01), or other trusted individual during deployment, hospitalization, incarceration, or other circumstances.

4. Standby guardianship: Under D.C. Code § 21-2047, a parent with a serious illness may designate a standby guardian to assume care if the parent becomes incapacitated.

Important: A private temporary custody agreement between parents, without court approval, is not enforceable as a court order. To obtain an enforceable temporary custody order, file a complaint or motion with the Domestic Relations Branch of the Family Court Operations Division.

SECTION 1: PARTIES AND CHILDREN

1.1 Temporary Custodian

☐ Parent A (if temporary custody is between two parents)
☐ Non-Parent Temporary Custodian (grandparent, relative, de facto parent, family friend)

Full Legal Name: [________________________________]
Relationship to Child(ren): [________________________________]
Address: [________________________________]
Washington, D.C. [____]
Telephone: [________________________________]
Email: [________________________________]

1.2 Delegating Parent / Other Parent

Full Legal Name: [________________________________]
Relationship to Child(ren): ☐ Mother ☐ Father ☐ Legal Guardian ☐ De Facto Parent
Address: [________________________________]
[________________________________] [____]
Telephone: [________________________________]
Email: [________________________________]

1.3 Second Parent (if applicable)

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

☐ Second Parent consents to this temporary arrangement.
☐ Second Parent's rights have been terminated. Case No.: [________________________________]
☐ Second Parent is deceased. Date: [__/__/____]
☐ Second Parent's whereabouts are unknown.
☐ Second Parent has been served with notice of this arrangement.
☐ Not applicable (single-parent household).

1.4 Minor Child(ren)

SECTION 2: BASIS FOR TEMPORARY CUSTODY

2.1 Reason for Temporary Arrangement

☐ Pending litigation. Temporary custody arrangement during pending: ☐ Divorce ☐ Custody action ☐ Paternity case ☐ Other: [________________________________]

☐ Military deployment. The Delegating Parent is deploying on [__/__/____] and returning approximately [__/__/____]. (See also D.C. Code § 16-914.02, regarding custody and visitation rights during military deployment.)

☐ Medical treatment / Hospitalization. The Delegating Parent requires medical treatment for: [________________________________]. Anticipated duration: [________________________________]

☐ Substance abuse treatment. The Delegating Parent is entering an inpatient treatment program at [________________________________]. Anticipated duration: [________________________________]

☐ Incarceration. The Delegating Parent is incarcerated at [________________________________]. Expected release date: [__/__/____]

☐ Employment / Travel. Extended work assignment or travel from [__/__/____] to [__/__/____].

☐ Emergency / Safety. Emergency circumstances, including: ☐ Domestic violence / intrafamily offense ☐ Child's emergency protection needs ☐ Natural disaster ☐ Other: [________________________________]

☐ Standby guardianship preparation. The Delegating Parent has a serious illness and is designating a temporary custodian in anticipation of potential incapacity, consistent with D.C. Code § 21-2047.

☐ Voluntary interim arrangement. [________________________________]

☐ Other: [________________________________]

2.2 Temporary Nature Acknowledged

The Parties expressly acknowledge that:

• This is a temporary arrangement and does not constitute a permanent change in custody.
• This arrangement does not constitute abandonment of parental rights.
• The Delegating Parent retains all legal parental rights except as specifically delegated herein.
• This arrangement does not create a presumption for future permanent custody determinations.

SECTION 3: DURATION

3.1 Effective Date

This Agreement is effective as of [__/__/____].

3.2 Termination

This Agreement shall terminate on the earliest of the following:

☐ The specified end date: [__/__/____]
☐ Written notice by the Delegating Parent of intent to resume custody, with [____] days' advance notice
☐ Entry of a permanent custody order by the Superior Court of the District of Columbia
☐ Return of the Delegating Parent from deployment, treatment, or other absence
☐ Mutual written agreement of the Parties
☐ Order of the Court
☐ The child(ren) reaching the age of majority (18 in D.C.)
☐ Other: [________________________________]

3.3 Extension

If the temporary arrangement needs to extend beyond the originally anticipated end date, the Parties shall execute a written extension or seek court approval for a continued temporary order.

SECTION 4: SCOPE OF TEMPORARY CUSTODY AUTHORITY

4.1 Type of Temporary Custody Delegated

Select one:

☐ Option A: Temporary Physical Custody Only — Parent Retains Legal Custody

The Temporary Custodian shall have physical custody and day-to-day care of the child(ren). The Delegating Parent retains full legal custody and decision-making authority for all major decisions. The Temporary Custodian may make routine daily decisions (meals, bedtime, activities, discipline) but must consult the Delegating Parent for major decisions.

☐ Option B: Temporary Physical and Legal Custody

The Temporary Custodian shall have both physical and legal custody during the Temporary Period. The Temporary Custodian may make major decisions (education, medical care, etc.) in the child(ren)'s best interests, consulting with the Delegating Parent when reasonably possible.

☐ Option C: Temporary Shared Custody Between Two Parents (Pendente Lite)

During the temporary period pending final custody determination, custody shall be shared as follows:

• Physical custody schedule: [________________________________]
• Legal custody: ☐ Joint ☐ Sole to Parent A ☐ Sole to Parent B
• This arrangement is temporary pending final resolution of Case No.: [________________________________]

4.2 Specific Authority Granted to Temporary Custodian

The Temporary Custodian is authorized to:

☐ Enroll the child(ren) in school within the District of Columbia (DCPS, charter, or private)
☐ Consent to routine medical, dental, and vision care
☐ Consent to emergency medical treatment
☐ Consent to mental health services
☐ Apply for government benefits on behalf of the child(ren), including DC Medicaid, TANF, and SNAP
☐ Sign school permission slips and field trip authorizations
☐ Access the child(ren)'s educational and medical records
☐ Make childcare arrangements
☐ Authorize participation in extracurricular activities
☐ Travel within the District of Columbia, Maryland, and Virginia with the child(ren)
☐ Other: [________________________________]

The Temporary Custodian is NOT authorized to:

☐ Consent to non-emergency surgery without Delegating Parent's approval
☐ Relocate the child(ren) outside the District of Columbia
☐ Apply for a passport for the child(ren)
☐ Change the child(ren)'s legal name
☐ Consent to marriage or enlistment
☐ Place the child(ren) with a third party
☐ Other: [________________________________]

SECTION 5: RESIDENCE AND CARE

5.1 Residence

The child(ren) shall reside with the Temporary Custodian at:
[________________________________]
Washington, D.C. [____]

5.2 School Continuity

☐ The child(ren) shall continue attending their current school: [________________________________]
☐ The child(ren) shall be enrolled in a new school based on the Temporary Custodian's address: [________________________________]
☐ School arrangements to be determined based on location.

5.3 Child Care

The Temporary Custodian may arrange appropriate child care as needed. Current child care provider (if applicable): [________________________________]

5.4 Medical Care

The child(ren)'s current health care providers:

• Primary care: [________________________________]
• Dentist: [________________________________]
• Specialists: [________________________________]
• Current medications: [________________________________]
• Allergies: [________________________________]
• Health insurance carrier and policy number: [________________________________]

SECTION 6: PARENT-CHILD CONTACT DURING TEMPORARY PERIOD

6.1 Contact Between Delegating Parent and Child(ren)

☐ Regular contact. The Delegating Parent shall have:

• Phone/video calls: [________________________________] (frequency and times)
• In-person visits: [________________________________] (schedule)
• Written correspondence: [________________________________]

☐ Contact as circumstances permit. Due to [________________________________], the Delegating Parent shall maintain contact as frequently as possible through available means.

☐ Supervised contact only. Due to safety concerns, contact shall be supervised by [________________________________].

☐ No contact. Due to [________________________________], the Delegating Parent shall have no contact during the Temporary Period.

6.2 Contact with Second Parent

☐ The Second Parent shall have parenting time as follows: [________________________________]
☐ The existing parenting schedule with the Second Parent shall continue.
☐ The Second Parent's visitation rights are not affected by this temporary arrangement.
☐ Not applicable.

6.3 The Temporary Custodian's Obligation

The Temporary Custodian shall:

• Facilitate regular communication between the child(ren) and the Delegating Parent
• Provide the Delegating Parent with updates on the child(ren)'s welfare, including: ☐ Weekly updates ☐ Monthly updates ☐ As requested
• Promptly notify the Delegating Parent of any emergency, illness, injury, or significant event
• Provide copies of school reports, medical records, and other important documents
• Not interfere with the parent-child relationship

SECTION 7: FINANCIAL PROVISIONS

7.1 Financial Support

☐ The Delegating Parent shall pay $[________________________________] per ☐ week ☐ month to the Temporary Custodian for the child(ren)'s expenses.

☐ The Delegating Parent shall directly pay the following expenses:

• ☐ Health insurance premiums
• ☐ School tuition: [________________________________]
• ☐ Child care costs
• ☐ Extracurricular activity fees
• ☐ Other: [________________________________]

☐ No financial exchange; the Temporary Custodian assumes daily expenses during the Temporary Period.

☐ Other arrangement: [________________________________]

7.2 Health Insurance

☐ The Delegating Parent shall maintain health, dental, and vision insurance for the child(ren).
☐ The Temporary Custodian shall enroll the child(ren) in D.C. Medicaid or DC Healthy Families if eligible.
☐ Other: [________________________________]

7.3 Unreimbursed Medical Expenses

☐ Delegating Parent pays 100%
☐ Shared: Delegating Parent [____]% / Temporary Custodian [____]%
☐ Other: [________________________________]

SECTION 8: RETURN OF CHILD(REN) TO DELEGATING PARENT

8.1 Process for Return

Upon termination of this Agreement:

1. The Temporary Custodian shall return the child(ren) to the Delegating Parent's custody within [____] days of the termination event.
2. The Temporary Custodian shall cooperate fully with the transition.
3. All of the child(ren)'s belongings, documents, school records, medical records, and personal items shall be returned.

8.2 Graduated Transition (if applicable)

☐ Immediate return of the child(ren) upon termination.

☐ Graduated transition over [____] weeks:

• Week 1: [________________________________]
• Week 2: [________________________________]
• Week 3+: Full custody resumed by the Delegating Parent.

8.3 Refusal to Return

If the Temporary Custodian refuses to return the child(ren), the Delegating Parent may:

1. Seek an emergency order from the Family Court Operations Division of the D.C. Superior Court;
2. Contact the Metropolitan Police Department;
3. File a motion for contempt if a court order is in effect.

SECTION 9: COVENANTS AND RESTRICTIONS

9.1 Best Interests

The Temporary Custodian shall act in the child(ren)'s best interests at all times, consistent with the factors of D.C. Code § 16-914(a)(3).

9.2 Consistency

The Temporary Custodian shall, to the extent reasonable, maintain consistency with the Delegating Parent's child-rearing values, discipline methods, and household rules.

9.3 Non-Disparagement

Neither Party shall make negative remarks about the other in the child(ren)'s presence.

9.4 Substance Use

The Temporary Custodian shall not consume alcohol to impairment or use controlled substances while caring for the child(ren).

9.5 Firearms Safety

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

9.6 No Relocation

The Temporary Custodian shall not relocate the child(ren) outside the District of Columbia metropolitan area (D.C., Maryland, and Virginia) without the Delegating Parent's written consent or court order.

9.7 No Delegation to Third Parties

The Temporary Custodian shall not transfer custody of the child(ren) to any third party without the Delegating Parent's written consent, except for normal child care arrangements.

9.8 Maintain Parent-Child Relationship

The Temporary Custodian shall actively facilitate and encourage the child(ren)'s relationship with both Parents.

SECTION 10: DOMESTIC VIOLENCE AND SAFETY

If this temporary custody arrangement arises from domestic violence or an intrafamily offense:

☐ A Civil Protection Order (CPO) is in effect. Case No.: [________________________________]
☐ The abusive party shall have no contact with the child(ren) during the Temporary Period.
☐ The abusive party shall have supervised contact only, at: [________________________________]
☐ The Temporary Custodian's address shall remain confidential and shall not be disclosed to the abusive party.
☐ Exchanges shall occur at a safe location: ☐ Moultrie Courthouse ☐ Metropolitan Police Department station ☐ Other: [________________________________]
☐ Emergency contact: D.C. Victims Hotline: (844) 443-5732; National Domestic Violence Hotline: 1-800-799-7233

SECTION 11: DE FACTO PARENT PROVISIONS

The District of Columbia recognizes de facto parents under D.C. Code § 16-831.01 et seq. If the Temporary Custodian may qualify as a de facto parent, the following applies:

☐ The Temporary Custodian has lived with the child(ren) for at least 10 of the 12 months preceding this agreement and may have standing as a de facto parent.
☐ The Temporary Custodian has been holding out as the child(ren)'s parent with the legal parent's agreement.
☐ The Temporary Custodian may wish to petition for de facto parent status and independent custody rights under D.C. Code § 16-831.03.
☐ Not applicable.

SECTION 12: DISPUTE RESOLUTION

12.1 Good-Faith Communication

The Parties shall first attempt to resolve disputes through direct communication.

12.2 Multi-Door Dispute Resolution Division

If direct communication fails, the Parties shall submit disputes to the Multi-Door Dispute Resolution Division of the D.C. Superior Court.

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

12.3 Emergency Court Relief

Either Party may seek immediate court relief from the Family Court Operations Division to protect the child(ren)'s safety and welfare.

12.4 Governing Law and Forum

This Agreement is governed by D.C. law. Exclusive jurisdiction lies in the Superior Court of the District of Columbia, Family Court Operations Division.

SECTION 13: GENERAL PROVISIONS

13.1 Temporary Nature. This Agreement is explicitly temporary and does not affect permanent custody rights or create presumptions for future custody determinations.

13.2 Severability. If any provision is unenforceable, the remaining provisions continue in effect.

13.3 Integration. This Agreement constitutes the entire understanding regarding temporary custody.

13.4 Amendment. This Agreement may be modified by written agreement of all Parties.

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

13.6 Notice. All notices shall be sent to the addresses in Section 1.

13.7 Court Filing. This Agreement ☐ will ☐ will not be filed with the Superior Court of the District of Columbia for court approval. Filing location: Moultrie Courthouse, 500 Indiana Avenue NW, Washington, D.C. 20001, Family Court Central Intake Center. Self-Help Center: (202) 879-0096.

SECTION 14: EXECUTION

IN WITNESS WHEREOF, the Parties have executed this Temporary Custody Agreement in the District of Columbia.

TEMPORARY CUSTODIAN:

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

DELEGATING PARENT:

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

SECOND PARENT (if applicable):

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

ACKNOWLEDGMENT

District of Columbia )
) ss.

On [__/__/____], before me, [________________________________], a Notary Public in and for the District of Columbia, personally appeared the individuals named above, 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 TEMPORARY CUSTODY (IF FILED WITH COURT)

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
FAMILY COURT OPERATIONS DIVISION

Case No.: [________________________________]

The Court, having reviewed the foregoing Temporary Custody Agreement and considered the best-interest factors of D.C. Code § 16-914(a)(3), finds that:

1. Temporary custody to the designated Temporary Custodian serves the best interests of the minor child(ren);
2. The arrangement is temporary in nature and does not affect permanent custody rights; and
3. The Agreement was entered into voluntarily by all Parties.

IT IS THEREFORE ORDERED that the Temporary Custody Agreement is APPROVED and shall remain in effect until [__/__/____] or further order of this Court.

IT IS SO ORDERED.

Date: [__/__/____]

_________________________________
Associate Judge, Superior Court of the District of Columbia
Family Court Operations Division

ADDITIONAL DOCUMENT: AUTHORIZATION LETTER FOR TEMPORARY CUSTODIAN

(For use with schools, medical providers, and government agencies)

To Whom It May Concern:

I, [________________________________], am the legal parent/guardian of [________________________________] (date of birth: [__/__/____]). I hereby authorize [________________________________] to act as Temporary Custodian of my child(ren) from [__/__/____] to [__/__/____].

The Temporary Custodian is authorized to:
☐ Enroll my child(ren) in school
☐ Consent to medical, dental, and vision care
☐ Consent to emergency medical treatment
☐ Access educational and medical records
☐ Make day-to-day decisions regarding my child(ren)'s care
☐ Other: [________________________________]

This authorization is temporary and does not constitute a transfer of legal custody or an abandonment of parental rights.

Parent Signature: _________________________________
Date: [__/__/____]
Notarized: ☐ Yes ☐ No

SOURCES AND REFERENCES

• D.C. Code § 16-914 — Custody of children (best interest factors, custody types): https://code.dccouncil.gov/us/dc/council/code/sections/16-914
• D.C. Code § 16-914.02 — Custody and visitation during military deployment: https://code.dccouncil.gov/us/dc/council/code/sections/16-914.02
• D.C. Code § 16-4601.01 et seq. — D.C. Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA): https://code.dccouncil.gov/us/dc/council/code/titles/16/chapters/46
• D.C. Code § 16-4602.04 — Temporary emergency jurisdiction: https://code.dccouncil.gov/us/dc/council/code/sections/16-4602.04
• 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 § 21-2047 — Standby guardianship: https://code.dccouncil.gov/us/dc/council/code/sections/21-2047
• D.C. Code § 16-1001 et seq. — Intrafamily Offenses Act: https://code.dccouncil.gov/us/dc/council/code/titles/16/chapters/10
• D.C. Code § 7-2507.02 — Firearms storage requirements: https://code.dccouncil.gov/us/dc/council/code/sections/7-2507.02
• Superior Court of the District of Columbia, Family Court: https://www.dccourts.gov/superior-court/superior-court-divisions/family-court-operations-division
• Domestic Relations Branch: https://www.dccourts.gov/superior-court/superior-court-divisions/family-court-operations-division/domestic-relations-branch
• Multi-Door Dispute Resolution Division: https://www.dccourts.gov/superior-court/superior-court-divisions/multi-door-dispute-resolution-division
• D.C. Victims Hotline: (844) 443-5732
• Family Court Self-Help Center: (202) 879-0096