Virginia Custody and Parenting Plans

Virginia uses a best interests of the child standard under Va. Code § 20-124.3 to determine custody and visitation arrangements. Courts must consider ten statutory factors and may require mediation orientation, parent education seminars, and detailed parenting plans. Understanding these requirements helps you navigate your custody case effectively.

This comprehensive guide covers Virginia's custody framework, the 10 best interest factors, mandatory mediation orientation, the 90-day shared custody threshold, parent education requirements, and Income Shares child support calculations under Va. Code § 20-108.2.

Virginia's 10 Best Interest Factors

Under Va. Code § 20-124.3, Virginia courts must consider these factors when determining custody and visitation:

• Age and physical/mental condition of the child: Developmental needs and any special requirements
• Age and physical/mental condition of each parent: Each parent's capacity to meet the child's needs
• Parent-child relationship: The existing relationship between each parent and the child
• Needs of the child: Considering the child's age, relationships with siblings, and other relevant factors
• Role in the child's upbringing: Each parent's historical involvement in caregiving responsibilities
• Willingness to support the other parent's relationship: Each parent's propensity to actively support contact with the other parent
• Willingness to maintain a close relationship: Each parent's desire to maintain a close and continuing relationship with the child
• Child's reasonable preference: If the court determines the child has sufficient intelligence, understanding, and experience
• History of family abuse: Any history of domestic violence or abuse involving any family member
• Other factors: Any other relevant factors necessary to determine the child's best interests

Important: Virginia law provides no presumption in favor of either parent or any particular custody arrangement. Courts decide each case based on the specific facts and circumstances.

Types of Custody in Virginia

Virginia recognizes both legal and physical custody arrangements:

Legal Custody

• Joint legal custody: Both parents share responsibility for major decisions affecting the child (education, healthcare, religious training)
• Sole legal custody: One parent has exclusive authority to make major decisions

Physical Custody

• Primary physical custody: The child resides primarily with one parent; the other parent has visitation
• Shared physical custody: When each parent has 90+ days per year with the child
• Split custody: When siblings are divided between parents (courts disfavor this arrangement)

See how different custody schedules translate into annual overnights and whether you cross Virginia's 90-day shared-custody threshold:

Virginia Residency and Waiting Periods

Under Va. Code § 20-97, at least one spouse must have been a resident of Virginia for six months before filing for divorce.

Separation Requirements

Under Va. Code § 20-91, Virginia requires a separation period before granting a no-fault divorce:

• One year separation: Required when parties have minor children together
• Six months separation: Available when there are no minor children AND parties have a written separation agreement
• Continuous separation: The separation must be uninterrupted with no cohabitation

Mandatory Mediation Orientation

Under Va. Code § 20-124.4, Virginia courts may require an orientation session about mediation in contested custody or visitation matters:

• The orientation explains the mediation process and its potential benefits
• Courts may order mediation for custody and visitation disputes
• Mediation is confidential and mediators cannot make recommendations to the court
• If mediation fails, the case proceeds to litigation

Domestic Violence Exception

Courts will not order mediation where there has been domestic violence or abuse that would compromise the safety of any party or the integrity of the process.

Parent Education Seminar

Under Va. Code § 20-103, Virginia courts may require parents to attend educational seminars about the impact of divorce on children:

• Duration: Typically 4 hours
• Topics covered: Effects of divorce on children, co-parenting strategies, communication techniques
• Timing: Usually required early in the divorce process
• Cost: Parents typically pay a fee for the program

Need a Deeper Analysis?

The schedule calculator above shows how overnights affect custody percentages. For a comprehensive Virginia parenting plan covering support obligations, the 1.4x shared-custody multiplier, and expense add-ons, build your full Virginia plan here.

Child Support Under Virginia Guidelines

Virginia uses the Income Shares model under Va. Code § 20-108.2. This model estimates the total amount parents would spend on children if the household remained intact, then divides that amount between parents based on their proportionate incomes.

Key Support Thresholds

• Combined gross income cap: $42,500/month (Schedule of Monthly Basic Child Support applies up to this amount)
• Above $42,500: Courts apply percentage add-ons from each parent's excess income
• Minimum order: $68/month ensures both parents contribute to support
• Shared custody threshold: 90+ days/year triggers the shared custody formula

Gross Income Definition

Virginia calculates child support based on gross income from all sources, including:

• Salaries, wages, commissions, bonuses
• Self-employment income
• Dividends, interest, rental income
• Retirement and pension payments
• Social Security benefits
• Workers' compensation and disability benefits
• Spousal support received

Expense Add-Ons

• Work-related childcare: Added to the basic obligation and shared proportionally
• Health insurance: Child's share of premium allocated by income percentage
• Extraordinary medical expenses: Unreimbursed costs above $250/year shared proportionally
• Extraordinary educational costs: Private school, tutoring, or special needs expenses (court approval required)

Shared Custody Support Calculation

When each parent has custody for 90 or more days per year, Virginia applies a shared custody formula under Va. Code § 20-108.2(G):

• 1.4 multiplier: The basic child support obligation is multiplied by 1.4 to recognize both households maintain a home for the child
• Time-based adjustment: Each parent's share is adjusted based on their percentage of custody time
• Income proportionality: The difference flows from the higher-earning parent to the lower-earning parent

Note: Even with equal (50/50) parenting time, the higher-earning parent typically pays support to equalize resources available to the child in both households.

Support Duration and Termination

Virginia child support has specific termination rules:

• Standard termination: Age 18
• High school exception: Continues until age 19 if the child is still in high school full-time, is not self-supporting, and lives with the custodial parent
• Emancipation events: Marriage, military service, or court-determined self-sufficiency
• Disabled children: Support may continue indefinitely for severely mentally or physically disabled children who lived with a parent before turning 18

Interest on Arrears

Under Virginia law, unpaid child support accrues interest at 6% per year. This creates an additional incentive for timely payment and increases the total owed over time.

Modifying Custody and Support Orders

Virginia allows modification of custody and support orders under specific circumstances:

Custody Modification

• Requires a material change in circumstances affecting the child's welfare
• Courts re-evaluate the best interest factors under Va. Code § 20-124.3
• The party seeking modification bears the burden of proof
• Common triggers include relocation, remarriage, changes in the child's needs, or concerns about safety

Support Modification

• Material change in circumstances: Significant change in income, custody time, or the child's needs
• Substantial variance: Some courts apply a percentage threshold (commonly 10-25% variance from current order)
• Retroactivity: Modifications generally effective from the date of filing, not earlier

Enforcement of Support Orders

Virginia provides robust enforcement mechanisms through the Division of Child Support Enforcement (DCSE):

• Income withholding: Automatic wage garnishment for most support orders
• Tax refund intercepts: Federal and state tax refunds applied to arrears
• License suspension: Driver's licenses, professional licenses, and recreational licenses may be suspended
• Passport denial: Federal law denies passports when arrears exceed $2,500
• Credit reporting: Arrears reported to credit bureaus
• Bank levies: Funds may be seized from bank accounts
• Contempt of court: Willful non-payment can result in fines or incarceration

Creating a Parenting Plan

A comprehensive Virginia parenting plan should address:

• Regular schedule: Weekly and weekend custody arrangements during the school year
• Holiday schedule: Alternating major holidays, school breaks, and special occasions
• Summer schedule: Extended parenting time during summer vacation
• Transportation: Who provides transportation for exchanges and where exchanges occur
• Communication: Phone, video call, and text protocols between the child and non-custodial parent
• Decision-making: How major decisions about education, healthcare, and activities are made
• Right of first refusal: Whether the other parent has priority for childcare needs
• Relocation notice: How much notice is required if a parent plans to move
• Dispute resolution: Mediation or other processes before returning to court

Guardian ad Litem

In contested custody cases, Virginia courts may appoint a guardian ad litem (GAL) under Va. Code § 16.1-266:

• The GAL is an attorney appointed to represent the child's best interests
• The GAL investigates and interviews parents, children, teachers, and other relevant individuals
• The GAL provides recommendations to the court
• Parents typically share the cost of the GAL based on their incomes

Key Takeaways

• 10 best interest factors: Courts evaluate Va. Code § 20-124.3 factors; no presumption favoring either parent
• Residency requirement: 6 months Virginia residency before filing
• Separation periods: 1 year with children; 6 months without children if there's a separation agreement
• Mediation orientation: May be required in contested custody cases
• Parent education: 4-hour seminar on divorce's impact on children
• Shared custody threshold: 90+ days/year triggers 1.4 multiplier formula — model your scenario
• Combined income cap: $42,500/month; percentage add-ons above
• Minimum order: $68/month ensures contribution from both parents
• Support termination: Age 18 (19 if still in high school full-time)
• Interest on arrears: 6% per year on unpaid support
• DCSE calculator: Use the Virginia DCSE website for official resources

For general information about divorce processes, see our guide to fault vs. no-fault divorce. For help organizing your case, review our divorce document checklist.