Summary of Virginia Child Custody, Child Support
and Visitation Law

Child Support in Virginia

Child support is a court-ordered payment by one parent to the custodial parent of a minor child, generally after divorce or separation. Virginia has adopted child support guidelines that are generally used by courts to calculate child support.

The child support guidelines provide a formula for calculating child support based on a proportion of each parent's gross income and taking into account ordinary expenses of the child such as food, shelter, clothing, education and medical needs. These guidelines are applied unless a party can show that application of the guidelines would be unjust and inappropriate in a particular case. There is a schedule for monthly basic child support obligations that has been provided in the Virginia Code in order to assist the court to determine a basic child support model.

Continuation of Child Support beyond 18th Birthday

The child support could be continued beyond 18 years of age if the court finds the child is:

• (i) a full-time high school student;
• (ii) not self-supporting, and
• (iii) living in the home of the party seeking or receiving child support until the child reaches the age of 19 or graduates from high school, whichever occurs first. The court may also order the continuation of support for any child over the age of 18 who is:
  • (i) severely and permanently mentally or physically disabled
  • (ii) unable to live independently and support himself; and
  • (iii) resides in the home of the parent seeking or receiving child support.

Child Custody in Virginia

Virginia courts generally prefer that parents reach an agreement themselves regarding child custody. However, courts will determine custody if parents are not able to reach an agreement themselves.

In granting sole custody or joint custody of a child, Virginia courts concentrate on what is in the best interests of the child. This is an important standard and it is what primarily guides courts in their decisions about custody.

Virginia law presumes that a child’s best interests are generally served by a child having frequent and continuing contact with both parents.

In determining custody, courts take into account various factors, including (but not limited to):

• • The age and physical and mental condition of the child;
• • The age and physical and mental condition of each parent;
• • The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child's life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child;
• • The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members;
• • The role that each parent has played and will play in the future, in the upbringing and care of the child;
• • The propensity of each parent to actively support the child's contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;
• • The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;
• • The preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;
• • Any history of family abuse or sexual abuse;
• • Other factors as the court deems necessary and proper to the determination.

Child Visitation in Virginia

Visitation generally refers to the ability of a noncustodial parent (that is, a parent who does not have primarily custody) to be able to spend time with his or her child.

Virginia courts generally prefer that parents reach an agreement themselves regarding visitation. However, courts will determine custody if parents are not able to reach an agreement themselves.

Virginia law presumes that a child’s best interests are generally served by a child having frequent and continuing contact with both parents. Thus, under Virginia law, a parent who does not have primary custody of a child will generally be allowed reasonable visitation unless a court determines that visitation would endanger the child’s physical health or significantly impair the child’s emotional development.