Custody in Virginia

Child custody can be one of the most emotionally charged and complex parts of a family law case. If you’re a parent in Virginia seeking custody of your child, it’s essential to understand what that means legally and what steps you must take to achieve it. 

We, American Lawyers Group, have skilled experienced Family Lawyers in Fairfax, Virginia, who know custody laws and will help you get custody of your child. This guide will walk you through Virginia’s custody laws, how the court decides custody, and what you can do to strengthen your case. 

What is Custody?

In Virginia, there are two types of custody: Physical and Legal Custody. 

Physical custody determines who the child will live with between the parents. 

Legal custody determines which parent will make the decisions regarding the child. 

According to the VA. Code § 20-124.2.(B), the court may award joint legal, joint physical, or sole custody. The table below describes these custody: 

Joint Legal Custody	BOTH parents share the responsibility and right to make major decisions about the child
Joint Physical Custody	BOTH parents alternate weeks, months, or a combination of days in the week with the child.
Sole Custody	ONE parent having both legal and physical responsibility for the child.

 

What Does “Sole Custody” Mean in Virginia?

In Virginia, this can take two forms:

• Sole Legal Custody: One parent has the exclusive right to make major decisions for the child (e.g., education, healthcare, religion).
• Sole Physical Custody: The child resides primarily with one parent, who handles the child’s daily care and routines.

In contrast, joint custody means these responsibilities are shared between both parents.

Common Reasons for Awarding Sole Custody

Virginia courts may award sole custody when shared parenting is not healthy for the child mentally and physically or could harm the child. Common scenarios include:

• Substance abuse or mental health issues in one parent
• A history of domestic violence, abuse, or neglect
• One parent being absent or uninvolved
• Severe conflict that undermines joint parenting

An example of is shown through Farley v. Farley (1990), where it shows that Virginia courts ruled a parent losing custody or parental rights due to substance abuse or mental health issues.

Even in these cases, courts may still award the other parent supervised visitation if it is a safe  environment for the child!

The Legal Standard: Best Interests of the Child

According to the VA. Code § 20-124.3, Virginia law requires courts to base custody decisions on the best interests of the child. Factors considered include:

1. Child’s age and physical/mental condition, considering developmental needs.
2. Each parent’s age and physical/mental condition.
3. Parent-child relationship, including involvement and ability to meet the child’s needs.
4. Child’s needs, including relationships with siblings, peers, and extended family.
5. Each parent’s past and future role in the child’s upbringing and care.
6. Support for the child’s relationship with the other parent, including past denials of access.
7. Willingness and ability to maintain a close relationship and cooperate on child-related issues.
8. Child’s reasonable preference, if deemed mature enough by the court.
9. History of abuse or violence, including family or sexual abuse, or other violent acts within the past 10 years. (May override factor 6.)
10. Any other factors the court deems relevant.

For a more detailed version on these factors that the judge looks into for deciding the best interests of a child, read § 20-124.3. Best interests of the child; visitation.

The Custody Process in Virginia

1. Filing a Custody Petition: A parent must file a custody petition in the Juvenile & Domestic Relations District Court (JDR Court) of the child’s home county or city.
2. Mediation Requirement: In some cases, the court may require you to try mediation before proceeding to trial. Mediation aims to help parents reach an agreement without a judge.
3. Guardian ad Litem (GAL): The court may appoint a GAL to represent the child’s interests, especially in contested cases.
4. Custody Evaluation: The court may order a psychological or home environment evaluation if abuse, fitness, or stability are questioned.
5. Custody Hearing: If no agreement is reached, the case will go to a hearing, where both parents present evidence and testimony. The judge then decides custody based on the child’s best interests.

Contact the American Lawyers Group

Our experienced Family Lawyers in Northern Virginia will help you present a strong case and navigate Virginia’s custody system. Our mission is to satisfy you and help you seek custody of your child. Call us at  (703) 786-8340 to schedule a consultation!