Child Custody, Visitation & Child Support FAQ

  • Virginia courts decide custody based on the best interests of the child, considering factors such as:

    • Each parent's role in the child's life

    • The child’s age, needs, and relationship with each parent

    • The ability of each parent to support the child’s emotional and physical development

    • Any history of family abuse

    • The child’s preferences (if the child is of reasonable intelligence, understanding, and age)

    • Legal custody refers to the right to make major decisions about the child’s education, medical care, and general welfare.

    • Physical custody refers to where the child lives and who provides day-to-day care.

    Both types can be sole or joint, depending on the circumstances.

  • A child’s preference is one factor in the custody determination, especially if the child is mature enough to express a reasoned preference. However, the court is not bound by the child's wishes and will consider the totality of circumstances.

  • Visitation refers to the schedule of time the non-custodial parent spends with the child. Courts generally prefer both parents to have ongoing and meaningful contact with the child, unless doing so would not be in the child’s best interest.

  • If parents cannot reach an agreement, the court may order them to participate in mediation. If no agreement is reached, the judge will make a final decision at a custody hearing.

  • Yes. Custody and visitation orders can be modified if there is a material change in circumstances, such as:

    • A parent relocating

    • Changes in a child’s needs

    • Concerns about a parent’s ability to care for the child
      The change must be in the child’s best interest.

  • Virginia uses child support guidelines based on:

    • The gross income of both parents

    • The number of children

    • The custody arrangement

    • Costs for health insurance, daycare, and other related expenses
      The court can deviate from the guideline amount for good cause.

  • Even in shared custody, the parent with the higher income may still owe child support to ensure the child’s financial needs are met. The exact amount depends on the number of overnights each parent has and other financial factors.

  • Yes, but the court must approve the agreement. If the agreed amount is unreasonably low or high, the court may reject it. The focus is always on the best interests of the child, not the convenience of the parents.

  • If a parent fails to pay court-ordered support, enforcement options include:

    • Wage garnishment

    • Seizure of tax refunds

    • License suspension

    • Contempt of court proceedings

    Child support is a legal obligation and cannot be waived or permanently forgiven without court approval.

  • Generally, yes — but support continues until the child turns 19 or graduates high school, whichever comes first. Support may continue past 18 for adult children with disabilities.