Joint legal custody
Both parents share responsibility for the child’s care and control and share authority to make decisions, even if the child primarily lives with one parent.
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Family law
Guidance for parents through divorce and child custody.
Family law deeply affects everyone involved. Jarvis Law helps families pursue the results they need while navigating sensitive questions about divorce, parenting, and custody.
Discuss your family matterCustody in Virginia
The forms of custody a court may consider.
Virginia courts give primary consideration to the child’s best interests and may award joint legal custody, joint physical custody, or sole custody.
Joint physical custody
Both parents share the child’s physical and custodial care.
Sole custody
One person retains responsibility for the child’s care and control and has primary authority to make decisions concerning the child.
Virginia law does not presume that one form of custody is best. The court gives primary consideration to the best interests of the child.
Best-interest factors
What the judge considers.
When deciding custody or visitation, a Virginia court considers the circumstances of the child and each parent, their relationships, and the other factors relevant to the child’s welfare.
The child’s age, condition, and needs
The child’s age and physical and mental condition, changing developmental needs, and important relationships—including siblings, peers, and extended family.
Each parent’s age and condition
The age and physical and mental condition of each parent.
The parent-child relationships
Each parent’s relationship with the child, positive involvement, and ability to understand and meet the child’s emotional, intellectual, and physical needs.
Each parent’s role
The role each parent has played and is expected to play in the child’s upbringing and care.
Support for the other parent’s relationship
How each parent supports the child’s relationship and contact with the other parent.
Continued interaction and cooperation
Each parent’s relative willingness and demonstrated ability to maintain a close relationship with the child and cooperate in resolving disputes affecting the child.
The child’s reasonable preference
The child’s preference when the court finds the child has sufficient intelligence, understanding, age, and experience to express one.
Abuse and other relevant circumstances
Any history of family abuse or sexual abuse, together with any other factor the court finds necessary and proper.
A Virginia custody case
From filing through hearing or settlement.
File the case
Custody matters are generally initiated in the appropriate Juvenile and Domestic Relations District Court. Either parent may begin a case by filing a petition. If there is an immediate safety concern, discuss the need for urgent relief with counsel promptly.
Service and preparation
The other parent must receive formal service of the court papers. Depending on the court and circumstances, mediation may be part of the process before unresolved issues are heard.
Hearing or agreement
The court schedules a hearing. If the parents reach an agreement beforehand, the judge reviews it and may enter it when it serves the child’s best interests; otherwise, the court decides the disputed issues.
Virginia family law