Virginia Custody & Parenting
Current, source-linked Virginia custody terminology and rules without imported out-of-state formulas.
Virginia terminology
Legal custody
The right to make major decisions for the child (medical, religious, educational).
Physical custody
Where the child actually lives and receives day-to-day care — sole or joint.
Joint custody
Both parents share legal and/or physical custody when it is in the child's best interest.
Visitation
The time a child spends with the parent the child does not live with.
Core rules
- There is no presumption in favor of any form of custody in a custody action between parents
- Custody is decided on the child's best interests by considering all 10 factors (Va. Code § 20-124.3)
- The court assures frequent and continuing contact with both parents when appropriate
- No party receives a preference based on gender
- There is no fixed 50/50 presumption and no overnight formula that converts a schedule into a custody right
- In contested cases the court may require mediation
Support and modification cautions
Virginia uses the Income Shares model for child support — not a flat percentage of one parent's income. The court combines both parents' gross income and reads the basic obligation from the statutory schedule (Va. Code § 20-108.2, updated by SB 805 eff. 7/1/2025). A custody order may be modified upon a material change of circumstances in the child's best interests (Va. Code § 20-108).
Always confirm current local forms, fees, and filing procedure with the Virginia Juvenile and Domestic Relations District Court clerk handling your case.