Updated February 08, 2024
A Virginia custody agreement is a legal document that maps out how two parents will co-parent their child upon the dissolution of their union. Courts in Virginia prioritize the best interest of the child in determining how much time with and authority each parent will have over the child. Judges seek to ensure that both parents will have frequent and continuing contact with their child, if appropriate.
Child Custody Factors
- The age and physical and mental condition of the child
- The age and physical and mental condition of each parent
- The relationship between each parent and each child
- The child’s developmental needs
- The role that each parent has played and will play in the child’s upbringing
- Whether each parent will actively support the child’s relationship with the other parent
- The ability of each parent to cooperate in and resolve disputes regarding matters affecting the child
- The child’s preference
- Any history of abuse
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How to File for Custody in Virginia
1. Agree on a Parenting Plan
The first step is for parents to work out the terms of a parenting plan, which dictates where the child will live, how much time each parent will get with the child, and more. This can be submitted to the clerk and, if approved by a judge, will become a court order.
Virginia offers free mediation to parents struggling to agree on the terms of their plan.[1] The goal of mediation is to produce a plan that the mediator can submit to a judge for approval.
2. Calculate Child Support
Under Virginia’s Child Support Guidelines, child support obligations are determined based on the needs of the child, the combined income of the parents, and each parent’s level of involvement with the child.[2]
Fill out the Child Support Guidelines Worksheet to estimate how much child support may be ordered by the court under the state’s guidelines.
3. File Paperwork
In order to initiate a custody proceeding, one or both parents must file a petition for custody, as well as Form DC-574 and Form DC-620, with the local Court Services Unit of the Juvenile and Domestic Relations (J&DR) Court in the district where the child lives.
If the custody proceeding is part of a divorce proceeding, the filer can use an online filing service.
4. Attend Parent Education
If two parents still can’t agree on the terms of a parenting plan, they are both required by state law to attend a parent education program.[3] Each parent must show proof of attending this program within the 12 months prior to a court hearing, or commit to attending within the 45 days following the hearing.
5. Attend Hearing
The clerk will set a date for a court hearing, at which each party can present evidence and testimony. Attendance is mandatory for both parents. The court reserves the right to appoint a guardian ad litem, or a lawyer who represents the best interest of the child.
Custody Laws
- Child’s Preference: Yes, the court considers the child’s preferences if the child is deemed to be “of reasonable intelligence, understanding, age, and experience to express such a preference”[4]
- Grandparents’ Visitation: § 20-124.2(B2)
- Relocation: § 20-124.5
- School Pickup: § 20-124.2(F)
- Uniform Child Custody Jurisdiction and Enforcement Act: Code of Virginia Code – Chapter 7.1
- Visitation: § 20-124.2
Related Forms
