The law in plain words
Under Code of Virginia 20-124.2, the court gives primary consideration to the child's best interests. There is no presumption in favor of any form of custody, or of either parent.
Wondering who usually ends up with custody? Our page on the chances of getting full custody in Virginia explains what the figures can and cannot show.
Joint, sole, legal and physical custody
Section 20-124.1 defines the main terms.
- Joint legal custody: both parents share decisions about the child, even if the child mainly lives with one.
- Joint physical custody: both parents share the child's physical care.
- Sole custody: one person has care and control, and the main decision-making power.
An order can mix these. A judge may also use "parenting time" to mean the same thing as visitation.
Grandparents, stepparents and other relatives can ask for custody or visitation too. The law calls them persons with a legitimate interest. They must show clear and convincing evidence that it serves the child.
Is Virginia a 50/50 state?
No. Section 20-124.2 says there is no presumption in favor of any form of custody.
The court must assure children frequent and continuing contact with both parents, when appropriate. That is a goal, not a schedule.
Bills to make courts maximize each parent's time were filed in 2022, 2023 and 2024. None passed.
The 10 best-interest factors
Section 20-124.3 lists what the judge 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, and their ability to meet the child's needs
- the child's needs, including ties to siblings, friends and extended family
- the role each parent has played, and will play, in raising the child
- each parent's readiness to support the child's relationship with the other parent
- each parent's willingness to keep a close relationship with the child, and to cooperate and resolve disputes
- the child's reasonable preference, if the child is mature enough
- any family abuse, sexual abuse, child abuse, or act of violence, force or threat in the past 10 years
- anything else the court finds necessary
Factor 6 includes whether a parent has unreasonably denied the other parent access to the child.
The judge must explain the decision, orally or in writing, with findings on the relevant factors.
Your child's preference
Virginia sets no age at which a child decides. The judge weighs a child's preference only if the child shows enough intelligence, understanding, age and experience.
If a circuit court judge interviews the child privately, a record is made, unless the parents agree otherwise.
In 2024, the Supreme Court of Virginia overturned an order that leaned heavily on a child's own uncorroborated notes.
Mothers' and fathers' rights
Neither parent starts ahead. Section 20-124.2 says there is no presumption or inference of law in favor of either parent.
Custody does not decide access to records. Under section 20-124.6, a parent without custody can still get school and health records, unless a court orders otherwise.
If you were never married
No Virginia statute says who has custody of a child born to unmarried parents before a court order. Under section 64.2-1700, parents are joint natural guardians only while they live together.
For a father, parentage can be set three main ways under section 20-49.1:
- a genetic test showing at least a 98% probability
- a sworn acknowledgment of paternity, often signed at the hospital
- a court order
Either parent can cancel the acknowledgment within 60 days of signing, unless a court order about the child comes first. After that, it can be set aside only for fraud, duress or a material mistake of fact.
A parentage petition is filed in the juvenile and domestic relations court. Parentage must be proved by clear and convincing evidence. The same order can then set custody and visitation.
Family abuse and protective orders
Virginia has no presumption against an abusive parent. Abuse counts through factor 9, which looks back 10 years.
If the judge finds that history, the judge may set aside factor 6. A parent who limited contact because of abuse need not then be marked down for it.
A protective order can include temporary custody or visitation.
- Emergency protective order: ends at 11:59 p.m. on the third day after it is issued.
- Preliminary protective order: can be issued without notice, with a full hearing within 15 days.
- Final protective order: lasts up to two years, or up to four with a prior order in the past 10 years.
Since July 1, 2026, a dating or sexual partner from the past 12 months counts as a family or household member.
Emergency and temporary custody
While a case is open, the court can make temporary custody orders on the child's best interests. Under section 20-103, a temporary order has no presumptive effect on the final decision.
If a child faces an imminent threat, the juvenile court can issue a preliminary protective order without notice. A full hearing must follow within five business days.
A family abuse protective order can also set temporary custody quickly. Ask the court service unit which route fits your facts.
Moving with your child
Every Virginia custody order must require 30 days' advance written notice of a move, unless the court orders otherwise for good cause. Under section 20-124.5, notice goes to the court and the other parent.
No statute sets the test for a move. Courts use these rules from case law:
- With an existing order: the parent who wants to move must show a material change and that the move serves the child.
- Without an order: the court looks only at the child's best interests.
- Distance: a harder relationship with the other parent is usually not enough, alone, to block a move.
The parent asking to relocate carries the burden of proof.
Changing a custody order
Under section 20-108, a court can change custody as circumstances and the child's welfare require.
The Supreme Court of Virginia set a two-step test in Keel v. Keel in 1983:
- Has there been a material change in circumstances since the last order?
- Would a change in custody be in the child's best interests?
Intentionally withholding visitation without just cause can itself count as a material change.
In juvenile court, you file form DC-630 with the clerk, plus a DC-620 affidavit about where the child has lived.
How to file for custody in Virginia
Most custody cases start in the juvenile and domestic relations district court. If you are divorcing, custody can be decided in circuit court instead.
- Check the court. File in the city or county where the child lives. Virginia must usually be the child's home state for six months.
- Go to the court service unit. An intake officer prepares a petition with you. Each child and each issue gets its own petition.
- Complete the affidavit. Form DC-620 lists where the child has lived and with whom.
- Take the parent education seminar. In contested cases, each parent attends a seminar of at least four hours.
- Attend the orientation. The court can refer you to a free dispute resolution orientation with a mediator.
You can opt out of the orientation by filing a signed objection within 14 days. If you disagree with a juvenile court ruling, you have 10 days to appeal to circuit court.
The Virginia courts' self-help pages list the forms.
How much does it cost to file for custody in Virginia?
In juvenile and domestic relations court, the filing fee is $25. One fee covers all custody and visitation petitions filed at the same time.
| Cost | Amount |
|---|---|
| Filing a custody or visitation case | $25 |
| Parent education seminar | Up to $50, based on ability to pay |
| Dispute resolution orientation | Free |
The fee must be paid, or waived, within 90 days of the petition. If you cannot afford it, ask the clerk about filing in forma pauperis with a financial statement.
What changed in 2025 and 2026
Among the changes that took effect on July 1, 2026:
- Lawful alcohol or cannabis use: legal use alone is no longer a reason to restrict custody or visitation.
- Custody evaluations: any court can now order one, or a psychological evaluation, and make the parties pay.
- Intimate partners: a recent dating or sexual partner now counts as a family or household member.
In 2025, Virginia barred parental rights for a parent who committed the rape that led to the child's conception. A protective order can now last up to four years after a prior one.
Official court summaries still list factor 9 as family or sexual abuse only. Since 2020, the statute also covers child abuse and threats.
Building the record
Virginia judges weigh which parent supports the child's time with the other. Refused visits, late exchanges and blocked calls are all shown by dates.
Note each exchange and each missed visit as it happens. Casewell keeps those notes and the messages behind them together, so a lawyer can read a clear timeline.
Before you record a call or a handover, check whether you can record your co-parent in Virginia.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
A Virginia best-interest record
Virginia judges must explain their findings on each factor. Keep these items current so your facts are ready.
Keep the record Virginia's factors ask for
Casewell keeps dated visits, calls and the messages behind them in one private place. Export the period a lawyer or judge needs as a focused PDF.
Is Virginia a 50/50 custody state?
No. Virginia has no presumption for joint, sole or equal custody. The judge decides on the child's best interests, using 10 factors.
Is Virginia a mother state when it comes to custody?
No. The law gives no presumption or inference in favor of either parent. Mothers and fathers start equal.
At what age can a child choose which parent to live with in Virginia?
No age lets a child choose. The judge weighs a child's reasonable preference if the child is mature enough to give one.
How much does it cost to file for custody in Virginia?
In juvenile and domestic relations court, $25 covers all custody and visitation petitions filed together. The fee can be waived if you cannot afford it.
Who has custody if the parents are not married in Virginia?
No statute gives either parent custody by default. A parent files a parentage and custody petition, and a judge decides on the child's best interests.
How much notice do I need to give before moving with my child in Virginia?
Custody orders require 30 days' advance written notice to the court and the other parent. A move may still need court approval.
Sources
This page summarizes the Code of Virginia, Titles 16.1, 20 and 64.2, as in force on October 19, 2026, plus Virginia court guidance. It explains the law in general terms and is not legal advice.
- Code of Virginia 20-124.2 โ court-ordered custody and visitation; no presumption checked
- Code of Virginia 20-124.3 โ best interests of the child checked
- Code of Virginia 20-124.1 โ definitions of joint and sole custody checked
- Code of Virginia 20-124.5 โ notice of relocation checked
- Code of Virginia 20-49.1 โ how parentage is established checked
- Code of Virginia 16.1-279.1 โ protective orders in family abuse cases checked
- Code of Virginia 16.1-69.48:5 โ juvenile court filing fees checked
- Virginia's Judicial System โ custody, visitation and support self-help checked
- Virginia JDR District Court Manual, chapter 6 โ custody and visitation checked