[DC] How do I file a parenting plan?
In Washington, D.C., even if you and your husband agree and have the agreement notarized, the agreement isn’t legally binding unless a judge incorporates it into a court order. Notarization only confirms the signatures are genuine — it doesn’t make the court enforce the terms. Your agreement can show intent, but it won’t carry legal weight until a judge signs off on it.
To make it legally binding in D.C., you need to file it with the court as part of a custody case (D.C. Official Code § 16-914). Once filed, a judge will review it and — if it’s in your child’s best interests — approve it as part of a custody order. That’s when it becomes enforceable.
Since you already have an agreement, the next step is ensuring it’s thorough: who makes major decisions, residential schedule, how expenses (healthcare, education) are handled, and a plan for resolving future disputes (mediation, etc.).
File a Complaint for Custody and/or Visitation with D.C. Superior Court and ask the court to incorporate the agreement. The court’s main question will be whether the arrangement serves the best interests of your child. Judges generally favor arrangements that keep both parents involved when that benefits the child.
Because you’re planning an interstate move, relocation rules complicate things. Relocations can’t be done unilaterally when there’s an agreement or custody order. D.C. courts want to ensure they have jurisdiction (often the child must have lived in D.C. for at least six months prior to filing). If one parent still lives in D.C., the court may still hear the case.
For relocation, the court will consider how the move affects your daughter: proximity to each parent, emotional/developmental needs, opportunities in the new location, and feasibility of maintaining both-parent relationships despite distance. Even if your husband agrees, the court’s focus is your daughter’s best interests.
Given the complexity — especially the move — talk with a D.C. family law attorney. They can make sure your agreement covers what the court needs, help you file properly, and present the case effectively. Consider D.C. Family Court’s free mediation through the Multi-Door Dispute Resolution Division; mediation can help finalize details, especially for long-distance parenting.
In summary, notarization alone is not enough. File the parenting agreement with the court and request that a judge incorporate it into a custody order to make it enforceable.
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Full Conversation
Is a parenting agreement only valid if notarized or filed?
Lexi, Chatbot
I understand the importance of ensuring your parenting agreement is legally valid. Is there a specific reason you are asking about notarization or filing?
I’m hoping to have a legally binding parenting agreement.
Lexi, Chatbot
Have you and the other parent already created a parenting agreement, or are you in the process of drafting one?
Yes.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your parenting agreement.
I found out my husband is having an affair and he’s agreed to allow me to move with my daughter to my parents’ house in another state. I want to ensure this is legal.
Jon
Hello and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help. I know legal matters can feel overwhelming, but you're in good hands. I’ll do my best to make things clear and provide guidance. What state is this happening in?
Washington DC.
Jon
And you want to know if it’s only valid if it is notarized/filed?
Yes.
Jon
Understood — I think I have all the information I need. Anything else before I start?
If it does need to be notarized/filed, what is the timeline/process?
Jon
In Washington, D.C., even if you and your husband agree and have the agreement notarized, the agreement isn’t legally binding unless a judge incorporates it into a court order. Notarization only confirms the signatures are genuine — it doesn’t make the court enforce the terms. Your agreement can show intent, but it won’t carry legal weight until a judge signs off on it.
To make it legally binding in D.C., you need to file it with the court as part of a custody case (D.C. Official Code § 16-914). Once filed, a judge will review it and — if it’s in your child’s best interests — approve it as part of a custody order. That’s when it becomes enforceable.
Since you already have an agreement, the next step is ensuring it’s thorough: who makes major decisions, residential schedule, how expenses (healthcare, education) are handled, and a plan for resolving future disputes (mediation, etc.).
File a Complaint for Custody and/or Visitation with D.C. Superior Court and ask the court to incorporate the agreement. The court’s main question will be whether the arrangement serves the best interests of your child. Judges generally favor arrangements that keep both parents involved when that benefits the child.
Because you’re planning an interstate move, relocation rules complicate things. Relocations can’t be done unilaterally when there’s an agreement or custody order. D.C. courts want to ensure they have jurisdiction (often the child must have lived in D.C. for at least six months prior to filing). If one parent still lives in D.C., the court may still hear the case.
For relocation, the court will consider how the move affects your daughter: proximity to each parent, emotional/developmental needs, opportunities in the new location, and feasibility of maintaining both-parent relationships despite distance. Even if your husband agrees, the court’s focus is your daughter’s best interests.
Given the complexity — especially the move — talk with a D.C. family law attorney. They can make sure your agreement covers what the court needs, help you file properly, and present the case effectively. Consider D.C. Family Court’s free mediation through the Multi-Door Dispute Resolution Division; mediation can help finalize details, especially for long-distance parenting.
In summary, notarization alone is not enough. File the parenting agreement with the court and request that a judge incorporate it into a custody order to make it enforceable.
Thank you.
Jon
You’re very welcome! I hope that helped. If there’s anything else you need, please reach out. Wishing you a fantastic day ahead.
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