Start with Va. Code Ann. §§ 20-124.1 to 20-124.6. In Virginia, Virginia uses Legal custody and physical custody; parenting time / visitation schedules implement physical custody.. Courts apply best-interests factors under § 20-124.3, including the child’s age, relationship with each parent, parental capacity, and any history of family abuse. Joint legal custody is common; physical custody may be shared or primary based on best interests. That is the question this guide answers for child custody and parenting time. Relocation: A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow the decree. Modification: A material change of circumstances is required to modify custody or visitation.
Best-interests factors in Virginia
Courts apply best-interests factors under § 20-124.3, including the child’s age, relationship with each parent, parental capacity, and any history of family abuse.
Legal custody, physical custody, and parenting time
Legal custody and physical custody; parenting time / visitation schedules implement physical custody.
Joint legal custody is common; physical custody may be shared or primary based on best interests.
How the Virginia rule applies
Apply the Virginia authorities in order. The facts are simplified so the statute and the standard are visible.
Two parents in Virginia disagree about where the child lives during the school week, and one wants to move.
- Use the labels Virginia actually uses: Legal custody and physical custody; parenting time / visitation schedules implement physical custody..
- Apply the best-interests factors: Courts apply best-interests factors under § 20-124.3, including the child’s age, relationship with each parent, parental capacity, and any history of family abuse.
- Check any parenting presumption: Joint legal custody is common; physical custody may be shared or primary based on best interests.
- If a move is proposed: A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow the decree. Later changes follow: A material change of circumstances is required to modify custody or visitation.
Custody is addressed in divorce or a custody petition in juvenile and domestic relations or circuit court. Mediation may be ordered. Final orders allocate legal and physical custody and a parenting schedule.
Relocation with a child
A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow the decree.
Modifying a Virginia custody order
A material change of circumstances is required to modify custody or visitation.
How custody cases typically move in Virginia
Custody is addressed in divorce or a custody petition in juvenile and domestic relations or circuit court. Mediation may be ordered. Final orders allocate legal and physical custody and a parenting schedule.
Related Virginia guides
Case law: custody and parenting time in Virginia
Colleen N. BROWN v. Mark R. BROWN — Elder, J., concurring in part and dissenting in part
…the trial court’s ruling declining to grant wife sole legal custody of the parties’ children. I also concur in its decision to deny father’s request for an award of attorney’s fees and costs on appeal. However, I respectfully dissent from the majority’s affirmance of the trial court’s ruling on mother’s request for joint legal custody. Because I believe the trial court applied…
Colleen N. BROWN v. Mark R. BROWN — Elder, J., concurring in part and dissenting in part is worth reading on Virginia child custody because the court put the point in its own words: "I also concur in its decision to deny father’s request for an award of attorney’s fees and costs on appeal. However, I respectfully dissent from the majority’s affirmance of the trial court’s ruling on mother’s request for joint legal custody." Use that passage as the starting point, then read the facts that precede it.
Copeland v. Todd
Copeland v. Todd, 282 Va. 183 (2011)
…jail, and Guenther's friend, Copeland, would take temporary custody of the child until Todd was released from incarceration. On July 21, 2003, the Rockingham County Juvenile and Domestic Relations District Court (the "J & DR court") entered an order granting Guenther and Copeland "legal and physical custody, subject to [Todd's] visitation at the discretion of ... Guenther and..…
Practitioners open Copeland v. Todd when Virginia child custody turns on the distinction in this sentence: "Guenther's friend, Copeland, would take temporary custody of the child until Todd was released from incarceration." Do not lift it out of the facts the court was deciding.
Leslie J. CLOUTIER v. Thomas W. QUEEN
Leslie J. CLOUTIER v. Thomas W. QUEEN, 35 Va. App. 413 (2001)
…1, 1998 and reached an agreement providing for joint legal custody of their children. The agreement provided: *418 a. The parties shall have joint legal custody of their minor children, ZACHARY QUEEN, born August 11, 1992, and ALISON QUEEN, born August 28, 1994, who shall reside with the parties as set forth below: b. Except as provided in subparagraph c, below, the Husband sh…
Leslie J. CLOUTIER v. Thomas W. QUEEN is worth reading on Virginia child custody because the court put the point in its own words: "The agreement provided: *418 a. The parties shall have joint legal custody of their minor children, ZACHARY QUEEN, born August 11, 1992, and ALISON QUEEN, born August 28, 1994, who shall reside with the parties as set forth below: b." Use that passage as the starting point, then read the facts that precede it.
Warren P. DENISE v. Philip C. TENCER; Philip C. Tencer v. Warren P. Denise
Warren P. DENISE v. Philip C. TENCER; Philip C. Tencer v. Warren P. Denise, 46 Va. App. 372 (2005)
…ppeals the trial court’s decision awarding primary physical custody of his minor granddaughter (the child) to the child’s biological father, Philip C. Tencer (father). Grandfather contends the trial court abused its discretion by: (1) finding a material change in circumstances had occurred; (2) finding it in the child’s best *376 interests to award physical custody to father; a…
Practitioners open Warren P. DENISE v. Philip C. TENCER; Philip C. Tencer v. Warren P. Denise when Virginia child custody turns on the distinction in this sentence: "ppeals the trial court’s decision awarding primary physical custody of his minor granddaughter (the child) to the child’s biological father, Philip C. Tencer (father). Grandfather contends the trial court abused its discretion by: (1) finding a material change in circumstances ha" Do not lift it out of the facts the court was deciding.
KENNETH E. SMITH, Et Al. v. NANCY POND
KENNETH E. SMITH, Et Al. v. NANCY POND, 5 Va. App. 161 (1987)
…orgia Smith appeal the decision of the trial court granting custody of their daughter, Ciara Dawn, to Nancy Pond. The Smiths assert that the trial court erred in finding that they voluntarily relinquished custody of Ciara Dawn, that the record does not establish clear and convincing evidence of special facts and circumstances to justify granting custody to a non-parent, and tha…
Virginia opinions such as KENNETH E. SMITH, Et Al. v. NANCY POND are cited where child custody is disputed. The court stated: "Smith appeal the decision of the trial court granting custody of their daughter, Ciara Dawn, to Nancy Pond." That is the language to brief; the rest of the decision supplies the procedural posture.
Viktoria Annaliese Szemler and Tibor Szemler v. Wilton R. Clements and Ilse Frieda Clements
…ghts. During the spring of 1970 Petra lived in her mother’s custody, supported by welfare, under poor conditions. - In February, 1970, Ilse Clements went to Germany and visited Petra’s mother and another sister. On March 26, 1970, the mother executed a consent for the Clementses to adopt Petra, and on April 12, 1970, the Clementses brought Petra to their home in Springfield, Vi…
On child custody, Viktoria Annaliese Szemler and Tibor Szemler v. Wilton R. Clements and Ilse Frieda Clements speaks to the Virginia dispute in this passage: "During the spring of 1970 Petra lived in her mother’s custody, supported by welfare, under poor conditions. - In February, 1970, Ilse Clements went to Germany and visited Petra’s mother and another sister." The surrounding opinion shows how the court applied that language to the record.
ROGER LEE TURNER v. ANITA MARIE WHITMIRE TURNER A/K/A ANITA MARIE PEREGORY
ROGER LEE TURNER v. ANITA MARIE WHITMIRE TURNER A/K/A ANITA MARIE PEREGORY, 3 Va. App. 31 (1986)
Opinion KOONTZ, C.J. In this child custody case, the trial court granted a petition to transfer custody of a minor child from her father to her mother. The father raises two issues in this appeal: (1) whether there was a material change in circumstances so that the best interests of the child dictated that custody be transferred from the father to the m…
ROGER LEE TURNER v. ANITA MARIE WHITMIRE TURNER A/K/A ANITA MARIE PEREGORY is worth reading on Virginia child custody because the court put the point in its own words: "Opinion KOONTZ, C.J. In this child custody case, the trial court granted a petition to transfer custody of a minor child from her father to her mother." Use that passage as the starting point, then read the facts that precede it.
Key takeaways
- Best-interests standard: Courts apply best-interests factors under § 20-124.
- Labels used in Virginia: Legal custody and physical custody; parenting time / visitation schedules implement physical custody..
- Parenting-time posture: Joint legal custody is common; physical custody may be shared or primary based on best interests.
- Relocation: A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow the decree.
- Modification: A material change of circumstances is required to modify custody or visitation.
- Primary authority: Va. Code Ann. §§ 20-124.1 to 20-124.6.
Frequently asked questions
What does Virginia call “custody”?
Legal custody and physical custody; parenting time / visitation schedules implement physical custody.
Can I move out of state with my child?
A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow the decree.
How do I change an existing custody order in Virginia?
A material change of circumstances is required to modify custody or visitation.
This guide covers Virginia custody law as of 2026. Verify the live statute and any local parenting-time guidelines before relying on this summary.