Virginia Divorce With Children — Custody, Support, and Parenting Plans (2026)

When minor children are involved, Virginia requires a complete plan for custody, parenting time, and child support before a Final Decree of Divorce will be entered. Additionally, having minor children means you must complete the 1-year separation period before filing — regardless of whether you have a signed PSA.

A detailed, agreed parenting plan in your Property Settlement Agreement is the fastest and least adversarial path to resolving custody in Virginia.

Disclaimer: General legal information only. Custody decisions have long-term consequences. Consult a licensed Virginia family law attorney if you have any concerns.

Virginia Custody Law

Virginia courts decide custody based on the best interests of the child standard under Va. Code § 20-124.3.

Two Types of Custody

Legal custody — The authority to make major decisions about the child's upbringing: education, non-emergency medical care, religious training, extracurricular activities.

  • Joint legal custody: Both parents share decision-making authority (most common in agreed divorces)
  • Sole legal custody: One parent makes major decisions alone

Physical custody — Where the child primarily lives.

  • Joint physical custody: Child spends substantial time with both parents
  • Primary physical custody: Child primarily lives with one parent; the other has scheduled parenting time

Virginia courts favor arrangements that allow both parents to maintain a close and continuing relationship with their children, unless one parent is unfit or there are safety concerns.

Best Interest Factors (Va. Code § 20-124.3)

Courts consider all relevant factors including:

  1. Age and physical and mental condition of the child
  2. Age and physical and mental condition of each parent
  3. Relationship between each parent and each child — including positive involvement and ability to meet the child's needs
  4. Needs of the child, giving consideration to other important relationships (siblings, peers, extended family)
  5. Role each parent played and will play in the child's upbringing and education
  6. Willingness of each parent to support the child's relationship with the other parent
  7. Reasonable preference of the child (if the court deems the child of reasonable intelligence, understanding, age, and experience)
  8. Any history of family abuse as defined in Virginia law
  9. Any other factors the court deems necessary and proper

Parenting Plan: What to Include

A Virginia parenting plan incorporated into the PSA must be detailed enough to be self-executing. Vague provisions ("reasonable parenting time") invite post-divorce disputes and court motions.

Regular weekly schedule:

  • Specific days with each parent during the school year
  • Pick-up and drop-off times and locations
  • Transportation responsibility at each exchange

Holiday schedule (name every significant holiday):

  • Thanksgiving (alternating years — odd/even, specify which parent gets which year first)
  • Christmas Eve and Christmas Day (split or alternating)
  • Winter Break (if different from Christmas)
  • Spring Break
  • Summer vacation (extended blocks for each parent)
  • Mother's Day (always with Mother)
  • Father's Day (always with Father)
  • Each child's birthday
  • Each parent's birthday
  • MLK Day, Presidents Day, Memorial Day, Labor Day, July 4th (alternating or assigned)

Communication:

  • How co-parents communicate (app, text, email)
  • Each parent's right to contact the child during the other's parenting time
  • Notice for school events, medical appointments, and significant decisions
  • Travel notification requirements and consent for out-of-state or international travel

Decisions:

  • How joint legal custody decisions are made when parents disagree (tie-breaking mechanism, or referral to a parenting coordinator or mediator)
  • Emergency medical decisions (each parent can act unilaterally; notification required promptly)

Relocation:

  • Notice required before a parent relocates a distance that materially affects the parenting schedule (Virginia requires reasonable notice; courts take relocation disputes seriously)
  • Process for modification if relocation occurs

Child Support in Virginia

Virginia uses the Virginia Child Support Guidelines under Va. Code § 20-108.2 — an income shares model based on both parents' gross incomes.

What the Guidelines Consider:

  • Both parents' monthly gross income (from all sources)
  • Number of children
  • Custody arrangement: Virginia's guidelines have a "shared custody" adjustment when the non-primary parent has 90 or more days per year with the children (91+ days = shared custody calculation)
  • Health insurance premium paid for the children
  • Work-related childcare costs

How to Calculate:

  1. Add both parents' monthly gross incomes
  2. Look up the basic child support obligation on the guideline table (Va. Code § 20-108.2(B))
  3. Add health insurance and work-related childcare
  4. Divide between parents based on their proportional share of combined income
  5. If shared custody (91+ days): apply the shared custody formula

Use the Virginia online Child Support Calculator at dcse.dss.virginia.gov or the Virginia DSS website.

Duration:

Virginia child support generally continues until the child turns 18 — or 19 if the child is a full-time high school student and reasonably expected to graduate. Unlike some states, Virginia does not have a general statutory obligation to fund college.

Health Insurance:

Specify in the PSA:

  • Which parent provides health insurance for the children and at what monthly cost
  • How uninsured medical, dental, vision, orthodontic, and mental health expenses are divided (typically pro-rata by income)

Parenting Coordinator

If you and your spouse anticipate ongoing co-parenting conflicts, a Parenting Coordinator (PC) can be appointed — either by agreement in the PSA or by court order. The PC helps resolve day-to-day disputes without repeated court filings. Common in shared custody situations with high conflict.

Modifying Custody and Support After Divorce

Custody: Can be modified upon a showing of a material change in circumstances — a meaningful change in the child's life or a parent's circumstances since the last order. Virginia courts are reluctant to disrupt established custody arrangements without a compelling reason.

Child support: Can be modified when there has been a material change in circumstances (income change, change in custody time, change in children's needs). Either parent can file a motion for modification.

Resources

  • Virginia Child Support Enforcement: dcse.dss.virginia.gov
  • Virginia Child Support Calculator: Available through Virginia DSS
  • Virginia Legal Aid: virginialegalaid.org
  • Virginia Custody Mediation: Available through many Virginia Circuit Courts and private mediators

Last reviewed: March 2026 | Children in VA divorce require 1-year separation before filing | Va. Code § 20-124.3 (custody best interest factors) | Va. Code § 20-108.2 (child support guidelines)

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.