Virginia Child Custody Attorney 

About Custody in Virginia 

Under Virginia law, decisions about custody and visitation for minor children are governed by Code of Virginia § 20‑124.2 and Code of Virginia § 20‑124.3. When parents are living together, they both act as the child’s “natural guardians.”  If they separate or disagree, the court can order custody arrangements. Custody may be joint (shared between both parents) or sole (one parent only). Custody also includes two different aspects:

• Legal custody, or which parent(s) make key decisions for the child about education, health care, religion, socialization, and other issues
• Physical custody, or where the child lives

Child custody and child support cases for parents who are married and going through a divorce may be handled in the circuit court system. Cases involving unmarried parents are typically handled in Virginia’s family law court system, the formal name of which is the Juvenile and Domestic Relations District (“J&DR Court”).

How Does the Court View Custody? 

When making custody or visitation orders, the court’s guiding principle is the "best interests of the child." This means that courts must consider a range of factors, including (but not limited to):

• The child’s age, physical and mental condition, and changing developmental needs.
• Each parent’s age, physical and mental health. 
• The nature and strength of the relationship between each parent and the child, including which parent has been actively involved and can meet the child’s emotional, intellectual, and physical needs. 
• The child’s other needs and relationships, such as siblings or extended family, and what environment best supports the child’s overall well-being. 
• Each parent’s future role in raising the child and their ability and willingness to support the child's relationship with the other parent, including cooperating on parenting decisions. 
• If appropriate, the child’s own reasonable preference, depending on their age, maturity, and ability to express an informed choice. 

Because of this “best interests” standard, there is no automatic preference under Virginia law for either mother or father, or for any particular custody arrangement.