Child Custody in Virginia
State-specific overview · Family Law
Virginia courts prioritize the child's best interests and may award joint or sole custody based on a statutory list of factors.
How Virginia treats Child Custody
Virginia law (Code § 20-124.3) requires courts to consider factors including each parent's relationship with the child, the child's preference if old enough, and each parent's willingness to foster the other parent's relationship with the child. Courts may award joint legal custody, joint physical custody, or sole custody arrangements. Virginia courts disfavor one parent based solely on gender and emphasize maintaining meaningful contact with both parents when possible.
The general definition of Child Custody
A court's decision about which parent has the right to care for and make decisions for a child.
Child custody refers to the legal authority to care for a child and make important decisions about their upbringing, including where they live, their education, and their medical care. Courts can award sole custody to one parent or joint custody to both parents. The court's primary concern is always the best interests of the child, considering factors like each parent's relationship with the child, stability, and the child's own preferences if they're old enough. Custody is separate from visitation rights, which allow a non-custodial parent to spend time with the child.
Read the full Child Custody entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Virginia.