Virginia custody and child support

Virginia custody law is unusually explicit about what a judge must consider. That is useful. It means a custody case in Virginia can be built factor by factor rather than argued in generalities. Law Offices Of SRIS, P.C. has practiced in Virginia since 1997.

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How custody is decided

Under Va. Code § 20-124.2, the court determines custody and visitation in the best interests of the child, giving due regard to the primacy of the parent-child relationship. The court may award joint legal custody, joint physical custody or sole custody, and it may not presume that joint custody is in the child’s best interests. The decision rests on the statutory factors at Va. Code § 20-124.3, which include the age and physical and mental condition of the child and of each parent, the relationship existing between each parent and the child, and the child’s needs.

Child support and deviation

Va. Code § 20-108.1 establishes a rebuttable presumption that the guideline amount is the correct amount of child support. The court may deviate based on the factors the statute enumerates, but a deviation has to be justified on the record. Va. Code § 20-108 governs the court’s continuing authority over support for minor children.

Relocation notice

Va. Code § 20-124.5 requires a custodial parent to give 30 days’ advance written notice to the court and the other parent of any intended relocation that would materially affect the existing custody or visitation arrangement, with the notice filed with the court.

Pages in this section

Virginia best interests custody factors
Virginia child support guideline deviation

Speak with Mr. Sris

Mr. Sris is a former prosecutor and the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys handle matters alongside him. To request a confidential consultation, reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 21, 2026.

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