Child Custody Laws in Virginia

The court gives primary consideration to the child's best interests and may award joint legal, joint physical or sole custody; there is no presumption in favor of any form of custody, and no presumption favoring either parent. The court considers 10 factors, including the child's age and needs, each parent's age and condition, each parent's relationship with and role in caring for the child, each parent's willingness to support the child's relationship with the other parent, the parents' ability to cooperate, the reasonable preference of a child the court considers old and mature enough, and any history of family abuse, sexual abuse, child abuse or violence. No fixed age is set for the child's preference.

While a divorce is pending, the court may enter temporary (pendente lite) orders providing for custody and support of the children, spousal support, and exclusive use of the family home; custody orders must follow the best-interest standards in Chapter 6.1. On a showing of reasonable apprehension of physical harm, the court may enter a protective order, including excluding a spouse from the home; if entered after an ex parte hearing (without the other side), it may not last more than 15 days from service unless extended, and the excluded person may file a written motion asking for a hearing to dissolve or change it.

Yes, in contested cases. When child custody, visitation or support is contested, the parties must show they attended an approved educational seminar within the 12 months before their court appearance, or will attend within 45 days after. The seminar is at least four hours and covers the effects of separation or divorce on children, parenting responsibilities, conflict resolution and financial responsibilities. In uncontested cases the court may require it only for good cause. Courts are directed to use mediation as an alternative to litigation where appropriate.