Child Custody in Virginia: What You Need to Know During a Divorce
When parents divorce and custody in virginia, one of the most important and emotionally charged issues is child custody. Virginia law aims to protect the best interests of the child, and understanding how custody works can help parents make informed, cooperative decisions.
Types of Custody in Virginia
Virginia law recognizes two main types of custody:
- Legal Custody
Refers to the right to make major decisions about the child's life (education, healthcare, religion).
Joint legal custody is preferred unless there's a strong reason to award sole legal custody to one parent.
- Physical Custody
Refers to where the child lives on a day-to-day basis.
Sole physical custody: The child lives primarily with one parent.
Joint/shared physical custody: The child splits time between both parents.
Note: Joint custody does not necessarily mean a 50/50 time split. It depends on what's best for the child.
The “Best Interests of the Child” Standard
Virginia courts apply the Best Interests of the Child standard under Virginia Code § 20-124.3, considering factors such as:
The child's age and physical/mental condition.
The child's relationship with each parent.
Each parent's role in the child's life.
The child's preferences (if of reasonable intelligence and age).
Parental willingness to support the child's relationship with the other parent.
History of family abuse or neglect.
How Custody is Decided
There are two main paths:
- Agreement Between Parents
If parents agree on custody and visitation, they can submit a Parenting Plan to the court.
The court will review and approve the plan if it serves the child's best interests.
- Court Determination
If parents cannot agree, the court will decide custody after a hearing.
A Guardian ad Litem may be appointed to represent the child's interests.
Shared Parenting & Co-Parenting Encouraged
Virginia courts generally favor arrangements where both parents remain actively involved in the child's life, unless there are safety concerns. That includes:
Shared parenting time.
Ongoing communication between co-parents.
Joint participation in key decisions.
Custody & Domestic Violence
If one parent has a history of domestic violence, abuse, or substance abuse, the court may:
Limit or deny custody or visitation.
Require supervised visitation.
Order counseling or protective measures.
The safety of the child and the other parent takes priority.
Modifying Custody Orders
Custody orders can be modified after the divorce and custody in virginia is finalized if:
There is a material change in circumstances (e.g., relocation, job loss, changes in child's needs).
The proposed change serves the child's best interests.
Either parent can file a motion to modify custody with the court.
Visitation Rights (Parenting Time)
Non-custodial parents are typically granted liberal visitation rights, unless there are safety risks. A schedule should address:
Weekday and weekend time.
Holidays, birthdays, and school breaks.
Transportation and exchange logistics.
Key Takeaways
Both parents are presumed capable of joint legal custody unless proven otherwise.
The focus is always on what's best for the child, not what's “fair” to parents.
Mutual cooperation leads to the most stable outcomes for children.
Courts strongly encourage parenting agreements over litigation.
Would you like a free Virginia Parenting Plan template, a custody hearing checklist, or help drafting a modification request?
