Virginia child custody

Child custody and visitation in Virginia turn on the best interests of the child. Courts may address who makes major decisions, where a child primarily lives, and how parenting time is scheduled. This page summarizes concepts commonly researched under Title 20 of the Code of Virginia. It is general information only, not legal advice about any specific family.

Legal Custody vs. Physical Custody

Virginia custody discussions usually separate two related ideas. Definitions appear in Va. Code § 20-124.1, and court authority to award arrangements is in Va. Code § 20-124.2.

• Legal custody generally concerns major decision-making authority for a child—topics people often associate with education, non-emergency health care, and religious upbringing. Joint legal custody means both parents retain joint responsibility and joint authority to make decisions, even if the child’s primary residence is with one parent.
• Physical custody generally concerns where the child lives and how day-to-day care and parenting time are shared. Joint physical custody means both parents share physical and custodial care; schedules can vary widely and do not have to be exactly equal.

An order may combine these concepts in different ways (for example, joint legal custody with a primary residence and a detailed visitation schedule). Labels matter less than the specific rights and schedule written into the order. Courts may also use the phrase “parenting time” as synonymous with visitation.

Va. Code § 20-124.3 Best-Interest Factors

In determining custody or visitation arrangements—including temporary (pendente lite) orders under § 20-103—the court shall consider the factors in Va. Code § 20-124.3. Those factors include:

1. The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs
2. The age and physical and mental condition of each parent
3. The relationship existing between each parent and each child, including positive involvement and the ability to assess and meet the child’s emotional, intellectual, and physical needs
4. The needs of the child, including other important relationships such as siblings, peers, and extended family
5. The role each parent has played and will play in the upbringing and care of the child
6. Each parent’s propensity to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied access or visitation
7. Each parent’s relative willingness and demonstrated ability to maintain a close and continuing relationship with the child, and the ability to cooperate and resolve disputes affecting the child
8. The reasonable preference of the child, if the court deems the child of reasonable intelligence, understanding, age, and experience to express a preference
9. Any history of family abuse (as defined in § 16.1-228), sexual abuse, child abuse, or certain acts of violence, force, or threat within the statutory look-back period—and, if such a history is found, the court may disregard the factor in subdivision 6
10. Such other factors as the court deems necessary and proper

Except in consent orders, the judge shall communicate the basis of the decision and findings on the relevant factors, orally or in writing. At a party’s request, the court may order that exchanges of the child occur at an appropriate meeting place.

Joint vs. Sole Custody

Under § 20-124.1, sole custody means one person retains responsibility for the care and control of a child and has primary authority to make decisions concerning the child. Joint custody may mean joint legal custody, joint physical custody, or any combination the court finds to be in the child’s best interest.

Section 20-124.2 directs the court to give primary consideration to the best interests of the child. The court may award joint legal, joint physical, or sole custody, and there shall be no presumption in favor of any form of custody. As between the parents, there shall be no presumption or inference of law in favor of either. When appropriate, the court shall assure frequent and continuing contact with both parents and encourage parents to share responsibilities of rearing their children.

Custody and visitation matters may be heard in circuit or district court. Mediation may be used as an alternative to litigation where appropriate.

Shared Custody Day-Count Rules

Custody labels and parenting schedules are related to—but not identical with—Virginia’s child-support “shared custody” worksheet rules. Under Va. Code § 20-108.2, a shared-custody support calculation generally applies where a party has custody or visitation of a child for more than 90 days of the year, as “day” is defined in that section.

For support guideline purposes, a “day” generally means a period of 24 hours. Where the parent with fewer overnight periods has an overnight but has physical custody for less than 24 hours during that overnight period, there is a presumption that each parent is allocated one-half of a day for that period. Those definitions matter when estimating whether a schedule triggers the shared-custody support formula versus a sole-custody worksheet.

A parenting plan can describe joint physical custody even when day counts for support fall on one side or the other of the 90-day threshold. Conversely, a schedule that qualifies for shared-custody support is not automatically the same thing as “50/50 custody.” See Virginia child support for guideline overview.

Relocation Basics

Moving a child to another city or state is one of the most searched follow-on custody topics. Under Va. Code § 20-124.5, custody or visitation orders generally must include a condition requiring thirty days’ advance written notice to the court and the other party by any party intending to relocate and of any intended change of address, unless the court, for good cause shown, orders otherwise. The court may require the notice to be in a form and contain information it deems proper under the circumstances.

Notice does not by itself authorize a contested move. A proposed relocation may still lead to court review of whether the move—and any new parenting schedule—serves the child’s best interests under § 20-124.3. Distance, school changes, and the child’s relationships with both parents commonly matter in that analysis. For a longer overview, see Relocation of Children in Virginia.