How Child Custody Is Decided in Virginia

If you and your child's other parent cannot agree on custody, a Virginia judge will decide. Understanding how judges make that decision can help you prepare, reduce stress and keep the focus where it belongs: on your child.

The Best-Interests Standard

Virginia courts decide custody and visitation based on the best interests of the child. Va. Code § 20-124.3 lists factors the court must consider, including:

• The child's age and physical and mental condition
• Each parent's age and physical and mental condition
• The relationship between each parent and the child
• The child's needs, including relationships with siblings and extended family
• The role each parent has played in the child's upbringing and care
• Each parent's willingness to support the child's relationship with the other parent
• The child's reasonable preference, if the child is old enough to express one
• Any history of family abuse

No single factor controls. The judge weighs them together based on the evidence presented.

Legal Custody vs. Physical Custody

Legal custody

Legal custody is the authority to make major decisions about the child, such as schooling, medical care and religious upbringing.

Physical custody

Physical custody concerns where the child lives day to day. Either type can be joint or sole, and the court can combine them in different ways.

Which Court Hears Custody Cases?

Most custody and visitation cases in Virginia are heard in the Juvenile and Domestic Relations District Court of the locality where the child lives, such as Richmond, Henrico, Chesterfield or Hanover.

Can Custody Orders Change?

Yes. A parent can ask the court to modify an order when there has been a material change in circumstances and the change would serve the child's best interests. Custody orders also typically require advance written notice before a parent changes residence.

How to Prepare

• Keep a calendar of parenting time and important events.
• Save school, medical and activity records that show your involvement.
• Communicate respectfully and in writing when possible.
• Keep children out of adult disputes.

Read more about our child custody and visitation practice, including families we represent in Henrico County and the City of Richmond.

This article is general information about Virginia law as of its publication date, not legal advice. Reading it does not create an attorney-client relationship. Talk to a lawyer about your specific situation.