Types of Custody in Virginia

Are you facing a stressful child custody dispute in Virginia? Losing time with your child or having limited input on important decisions can feel overwhelming. Without a clear understanding of custody options, you could agree to terms that don’t reflect your child’s needs.

At Randall, McClenney, Daniels & Dunn, PC, we help parents navigate Virginia’s custody laws and advocate for fair and balanced visitation arrangements. Our attorneys work to protect your rights while supporting outcomes that prioritize your child’s well-being. Contact our Virginia child custody team today at 757-742-6115 or through our online contact form.

Understanding Visitation and Parenting Time in Virginia Custody Cases

In Virginia, visitation, which is often called parenting time, refers to scheduled periods when a non-custodial parent spends time with their child. It is distinct from legal custody (decision-making authority) and physical custody (residency).

The goal of visitation is to support meaningful parent-child relationships through consistent contact. Courts set visitation schedules that align with the custody structure, whether parents share custody or one parent holds primary responsibilities.

What Are the Options for Custody in Virginia?

Virginia law identifies two primary forms of custody: legal custody and physical custody. Legal custody involves decision-making authority over matters such as education, healthcare, and religious upbringing. Physical custody refers to where the child lives and who manages daily care.

Legal Custody

Legal custody gives a parent the authority to make major decisions for their child, including those related to education, healthcare, and religious practices.

In joint legal custody, both parents share responsibility for these decisions and must communicate effectively regardless of where the child lives. Courts may award joint custody when parents can demonstrate the ability to communicate and cooperate. Virginia law does not favor one custody arrangement over another.

With sole legal custody, one parent holds full authority over major decisions. Courts may award sole custody when parents cannot make decisions together due to conflict, communication issues, or concerns about a parent’s involvement.

Physical Custody

Physical custody refers to where the child lives and who provides daily care. Virginia courts may award a joint, sole, or blended physical custody arrangement based on the child’s needs and the parents’ availability.

Joint physical custody involves shared parenting time, while sole physical custody means the child resides primarily with one parent and visits the other. Courts consider several factors when assigning physical custody:

• Each parent’s work schedule
• The child’s school location
• Travel time between homes
• The child’s daily routine and stability
• Each parent’s capacity to meet the child’s day-to-day needs

Primary Physical Custody

Primary physical custody in Virginia means the child lives with one parent for more than 274 days per year. That parent provides the primary residence and handles most daily care. The other parent typically receives court-ordered visitation. This arrangement helps provide stability and routine, especially during the school year.

Shared Physical Custody

Shared physical custody in Virginia occurs when each parent has the child for more than 90 days per year. This arrangement can influence child support calculations, which factor in the number of parenting days each parent has.

The Rights and Limitations of Non-Custodial Parents

Non-custodial parents in Virginia may be granted visitation rights through court-approved schedules, depending on what the court determines to be in the child’s best interests. While they do not have decision-making authority over major life choices, they are entitled to maintain a meaningful relationship with their child during scheduled parenting time.

Visitation plans can outline specific days, times, and conditions, which may include:

• Regular weekend visits
• Weeknight parenting time
• Alternating holidays
• Summer break periods
• Birthdays or special events

These arrangements help preserve strong parent-child bonds while respecting the limits of the custody order.

The Judge’s Role in Setting Visitation When Parents Cannot Agree

If parents cannot agree on custody or visitation in Virginia, the judge will step in to create a binding schedule. The court reviews multiple custody determination factors to decide which arrangement best serves the child’s interests, including:

• The child’s age and developmental needs
• Each parent’s physical and mental health
• The strength of each parent’s relationship with the child
• Parenting roles and caregiving history
• The child’s current routine and home environment

While courts encourage parents to cooperate and create their own plan, judges will issue an enforceable order if a custody agreement is not possible. Once entered, both parents must follow the court-ordered schedule.

Modification of Custody Orders

To modify a custody order in Virginia, a parent must show a “material change in circumstances” since the last order. This aspect of family law typically involves filing a motion with the court, notifying the other parent, and presenting evidence at a hearing.

Examples of Material Change in Circumstances

Virginia courts recognize various events as material changes that may support a custody modification. Common examples include:

• A parent moving to a new location that disrupts the current visitation plan
• Significant job changes that affect parenting availability
• New or changing educational or medical needs of the child
• Concerns about parental fitness, such as substance use or mental health issues
• A parent’s remarriage that introduces new household dynamics

Any of these changes may prompt a court to reevaluate custody if they impact the child’s well-being.

Court Approval and Continued Compliance

Any change to a custody arrangement in Virginia must be approved by the court before it becomes enforceable. Even when both parents agree to the changes, a judge must review and sign off on the new order.

Until then, both parties are required to follow the existing custody terms. Failing to comply with the current order while awaiting approval can result in legal consequences.

Modification by Agreement Vs. Contested Modification

When both parents agree to modify the custody arrangement, they can submit their new agreement to the court for approval. This process is typically quicker and more straightforward, provided the judge determines that the changes are in the child’s best interests. If the revised custody terms impact the financial needs of the child or either parent, the agreement can also include an adjustment to child support to reflect the new arrangement.

When parents disagree, the matter proceeds to a contested modification hearing. Each side presents evidence, testimony, and documentation for the judge to consider.

Whether agreed or contested, all custody modifications must receive formal approval from the court.

How Can an Attorney Help Me File for Custody?

A family law attorney can help guide you through the custody process by managing legal paperwork, deadlines, and court procedures. Your attorney may assist with:

• Filing petitions in the appropriate Virginia court
• Accurately completing and submitting required forms
• Collecting and organizing relevant documents
• Meeting all filing and service deadlines
• Serving the other parent with legal notice
• Representing you during court hearings

In addition to handling logistics, your attorney advocates for your position, responds to claims from the other party, and presents evidence that supports your custody goals. This can help you avoid common mistakes and improve the chances of a favorable outcome.

Why Clients Choose Randall, McClenney, Daniels & Dunn?

Parents turn to Randall, McClenney, Daniels & Dunn, for guidance in Virginia custody matters because of our consistent results and practical approach. Our attorneys have decades of experience navigating custody cases and receive strong client and peer feedback.

We bring a deep understanding of Virginia custody laws and work closely with each client to protect their rights while supporting the best interests of their child. Our legal team stays current with local court procedures and focuses on clear communication and realistic planning.

Testimonials

“Great people to work with (professional and caring). They guided me as to documentation I would need and represented me in court to a successful conclusion. Thank you.” — Maria S.

“Excellent legal support and counsel regarding a civil action. Chris and his team explained everything thoroughly and resolved the matter.” — Vinnie P.

“Wonderful office administration team! Attorney Carol Zacheiss is direct and very responsive to questions and concerns. She provided great counsel…thank you! I highly recommend this office.” — Shelia R.

Find the Right Custody Arrangement for Your Family

Understanding Virginia’s custody laws is an important first step toward protecting your parental rights and supporting your child’s well-being. Whether you are pursuing joint custody, visitation rights, or seeking more decision-making authority, the process can be complex, but you don’t have to go through it alone.

Our attorneys at Randall, McClenney, Daniels & Dunn can guide you through your legal options and help build a plan that reflects your child’s best interests. Call 757-742-6115 or reach out through our online contact form to speak with a custody attorney today.