Child Custody in Virginia: Best Interests, the 10 Factors, and Parenting Time
Virginia family law · Last reviewed October 27, 2026
In a Virginia custody case, "the court shall give primary consideration to the best interests of the child" (§ 20-124.2(B)). The court can order joint legal, joint physical, or sole custody, and the statute adds that "there shall be no presumption in favor of any form of custody." Between the parents there's no presumption in favor of either.
Which court decides
Custody, visitation, and support cases are most often heard in the juvenile and domestic relations district court, where parents start through the local court services unit. Once a divorce is filed, the circuit court can decide them as part of the divorce. The court's self-help page explains that when a parent files for divorce asking the circuit court to resolve custody and support, and a hearing is set there within 21 days, the district court case is dismissed. After the divorce, the circuit court usually sends custody and support back to the district court for any later changes.
Words the law uses
- Joint legal custody means both parents share responsibility for the child and authority to make decisions, even if the child lives mainly with one of them. Sole custody gives one person responsibility for the child and primary decision-making authority (§ 20-124.1).
- The court may use "parenting time" in place of "visitation" for a parent.
The 10 factors
Section 20-124.3 lists what the court must consider:
- The child's age and physical and mental condition, including changing developmental needs.
- Each parent's age and physical and mental condition.
- Each parent's relationship with the child, including positive involvement and ability to meet the child's emotional, intellectual, and physical needs.
- The child's needs, including other important relationships with siblings, peers, and extended family.
- The role each parent has played and will play in the child's upbringing and care.
- Each parent's willingness to support the child's contact and relationship with the other parent, including whether a parent has unreasonably denied the other access.
- Each parent's willingness and demonstrated ability to keep a close relationship with the child, and to cooperate in resolving disputes about the child.
- The child's reasonable preference, if the court finds the child of reasonable intelligence, understanding, age, and experience to express one.
- Any history of family abuse, sexual abuse, child abuse, or an act of violence, force, or threat within 10 years before the petition. If the court finds one, it may disregard factor 6.
- Anything else the court considers necessary and proper.
The judge must explain the decision, orally or in writing, and except for consent orders must set out findings on the relevant factors.
The child's preference
Virginia sets no age at which a child chooses. The child's preference is one factor, weighed only if the court finds the child mature enough to express a reasonable one.
Changes in 2026
Two acts of the 2026 session amended § 20-124.2:
- "A person's legal possession or consumption of substances authorized under Title 4.1 or Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1 alone shall not serve as a basis to restrict custody or visitation unless other facts establish that such possession or consumption is not in the best interest of the child."
- The court may order "a custody evaluation or an independent mental health or psychological evaluation" and divide the cost between the parties.
Parent education and mediation
When custody, visitation, or support is contested, both parents must show they attended an approved parent education seminar in the 12 months before their court appearance, or will attend within 45 days after (§ 20-103). The seminar lasts at least four hours, covers the effects of separation on children, parenting, conflict resolution, and finances, and costs no more than $50, based on ability to pay. In uncontested cases the court can require it only for good cause. The courts' Dispute Resolution Services lists approved in-person and online seminars.
Courts encourage mediation where it's appropriate. In custody cases, its goals may include "development of a proposal addressing the child's residential schedule and care arrangements, and how disputes between the parents will be handled in the future."
Moving with a child
Every custody or visitation order must require "thirty days' advance written notice" to the court and the other parent of any planned relocation or change of address, unless the court orders otherwise for good cause (§ 20-124.5). The notice requirement doesn't change the custody order itself; only the court can.
Records and schools
Neither parent, custodial or not, may be denied access to the child's academic, health, or child care records, including records on a secure website, unless a court orders otherwise for good cause (§ 20-124.6). When an order bars a parent from picking the child up at school, a copy goes to the school.
Changing custody
The court will change a custody or visitation order only after a material change in circumstances since the last order, and then only if the change serves the child's best interests.
Frequently asked questions
Does Virginia favor joint custody?
No. The court can award joint or sole custody, but the statute says there's no presumption in favor of any form of custody. The court must assure the child frequent and continuing contact with both parents when appropriate.
At what age can a child choose which parent to live with in Virginia?
There's no set age. A child's reasonable preference is one of the 10 factors, if the court finds the child mature enough.
Do mothers get custody more often in Virginia?
The law gives neither parent an advantage: "As between the parents, there shall be no presumption or inference of law in favor of either."
Is parent education required in Virginia?
Yes, when custody, visitation, or support is contested. The seminar is at least four hours and costs no more than $50.
Can I move out of state with my child?
Not without notice. Custody orders require 30 days' advance written notice of a move, and the other parent can ask the court to change custody or visitation.
Can cannabis use affect custody in Virginia?
Since 2026, lawful possession or use of substances authorized under Virginia law can't by itself be the reason to restrict custody or visitation. Other facts showing harm to the child still count.