Virginia Custody (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.

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.

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.

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.

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.