Child Custody in Virginia

The ten best-interest factors under Va. Code 20-124.3

Virginia's statute directs the court to consider ten factors. These include the age and the physical and mental condition of the child, accounting for changing developmental needs. They include the age and physical and mental condition of each parent. The court looks at the relationship between each parent and the child, including each parent's positive involvement and ability to meet the child's emotional, intellectual, and physical needs. It considers the child's other important relationships, including siblings, peers, and extended family. It considers the role each parent has played and will play in the child's upbringing and care.

The court considers each parent's propensity to support the child's contact and relationship with the other parent, including whether a parent has unreasonably denied access or visitation. It looks at each parent's willingness and demonstrated ability to maintain a close, continuing relationship with the child and to cooperate in resolving disputes. The child's reasonable preference matters, if the court finds the child has sufficient intelligence, understanding, age, and experience to express one. The court considers any history of family abuse, sexual abuse, child abuse, or a qualifying act of violence, force, or threat. This must fall within the ten years before the petition was filed. It may consider any other factors it deems necessary and proper.

How a history of abuse affects the contact factor

Virginia law treats the abuse-history factor as potentially overriding another factor rather than just adding to the list. The court may find a history of family abuse, as defined in Va. Code 16.1-228. It may also find sexual abuse, child abuse, or a qualifying act of violence, force, or threat under Va. Code 19.2-152.7:1.

If that conduct occurred within the ten years before the petition was filed, the court may disregard one factor. That factor otherwise looks at each parent's willingness to support the child's contact and relationship with the other parent. So a parent's history of protecting a child from an abusive situation, including limiting contact with the other parent, is not automatically held against them under that factor. This applies when abuse is established.

How the court must explain its decision

Virginia law requires the judge deciding a contested custody or visitation case to communicate the basis of the decision to the parties. This can be oral or in writing. Except for consent orders that the parents agree to, this communication must set out the judge's findings on the relevant factors listed in the statute. A parent should expect a reasoned explanation tied to the specific statutory factors, not an unexplained result. At either party's request, the court can also order that the exchange of the child for custody or visitation purposes take place at an appropriate meeting location.

Where a Virginia custody case is filed

Virginia custody and visitation matters are generally filed in the Juvenile and Domestic Relations District Court, known as J&DR Court, for the relevant jurisdiction. When custody is decided as part of a divorce, it can also be addressed in Circuit Court alongside the divorce proceeding. Virginia's court system publishes a dedicated self-help website, along with J&DR-specific forms and information, to help parents representing themselves understand the process and paperwork for their court.

Getting help without a lawyer

Virginia's Judicial System operates a statewide self-help website with resources for family law matters. The J&DR Court section of the Virginia court system's website links to court forms used in custody and visitation cases. Virginia allows custody to be addressed in either J&DR Court or Circuit Court, depending on the case. A parent should confirm the correct court and current local forms with the clerk's office handling the specific matter before filing.