How is child custody decided in Virginia?

Courts apply the best interests of the child standard under Virginia Code § 20-124.3, evaluating factors including each parent's role in the child's upbringing, the child's relationship with each parent, any history of abuse, and each parent's willingness to support the child's relationship with the other parent.

Can custody be modified?

Yes. Custody can be modified when there is a material change in circumstances that affects the child's best interests. Common reasons include relocation, significant changes in a parent's work schedule, or changes in the child's needs.

How does a child custody lawyer in Fredericksburg VA help?

A child custody lawyer helps you develop a parenting plan, represent your interests in court, negotiate custody agreements, and handle modifications or enforcement when circumstances change.

Family Law Services

Child Custody Attorney in Fredericksburg, Virginia

Decisions about where your children live, who they spend time with, and who makes decisions for them are among the most consequential a court can make. Shawna L. Stevens PLLC is a female family law attorney who represents parents in custody and visitation matters across Fredericksburg and the surrounding counties. We help you understand what Virginia law requires, what judges consider, and how to build the strongest case for an arrangement that works for your children and protects your role as a parent.

Serving Fredericksburg (22401, 22405, 22406, 22407, 22408), Stafford County, Spotsylvania County, King George County, and Caroline County.

Schedule a Confidential Consultation Call (540) 310-4088

Shawna L. Stevens

Family Law Attorney, Fredericksburg VA

Custody and Visitation Cases We Handle

Initial Custody Determinations

When parents cannot agree on custody or visitation, a court decides. We help you prepare, document your position, and present your case clearly, whether the matter is part of a divorce or a standalone custody proceeding.

Parenting Plans and Agreements

When parents are willing to work together, a well-drafted parenting plan avoids future disputes by addressing schedules, holidays, school decisions, and communication between households. We help you get the details right the first time.

Custody Modifications

An arrangement that worked when it was entered may not work years later. Virginia law allows modifications when there has been a material change in circumstances. Our family law modifications page explains when and how to seek a change.

Relocation Disputes

When one parent wants to move, it can fundamentally change how custody works. Virginia courts take relocation requests seriously and require proper notice and, in contested cases, a hearing. We represent parents on both sides of these disputes.

Enforcement

When the other parent is not following the custody order, there are legal remedies available. We help clients document violations and pursue enforcement through the court.

How Virginia Handles Child Custody

Virginia law treats custody as two separate questions: legal custody and physical custody.

Legal custody refers to who makes major decisions for the child, covering things like education, healthcare, and religious upbringing. Courts can award sole legal custody to one parent or joint legal custody to both, meaning decisions are made together.

Physical custody refers to where the child lives and the day-to-day parenting schedule. One parent may have primary physical custody with the other having visitation, or both parents may share physical custody on a roughly equal basis.

The Best Interests Standard

Virginia Code § 20-124.3 sets out the factors courts use to determine what custody arrangement serves a child's best interests. Judges consider:

The age and physical and mental condition of the child
Each parent's age, physical and mental condition, and their role in the child's upbringing
The relationship between each parent and the child, including each parent's ability to assess and meet the child's emotional, intellectual, and physical needs
The child's existing relationships with siblings, peers, and extended family
The child's preference, given appropriate weight based on age and maturity
Any history of family abuse
Each parent's willingness to support the child's relationship with the other parent
The child's adjustment to home, school, and community

No single factor controls the outcome. Courts look at the full picture.

Joint Custody in Virginia

Virginia Code § 20-124.2 establishes that courts must consider joint custody as an option in every case. That does not mean joint custody is always ordered, but judges are required to evaluate it. When parents cannot cooperate effectively, sole custody may serve the child's interests better. When they can, a shared arrangement often does. We help you understand what the facts of your case support and build your position accordingly.

What a Good Parenting Plan Covers

A parenting plan is more than a schedule. A well-drafted plan reduces future conflict by addressing the situations that commonly cause disputes between co-parents. It should cover:

Regular weekly and weekend schedules
Holiday and school break schedules
How schedule changes are requested and handled
Where exchanges happen and who provides transportation
How parents communicate with each other
Decision-making for school, healthcare, and activities
Notification requirements for travel, relocation, or emergencies
How disputes are resolved if they arise

Vague plans create room for conflict. Detailed plans reduce it.

Custody When You Are Going Through a Divorce

Custody and visitation are decided as part of most divorce proceedings involving minor children. Temporary orders can be put in place while the divorce is pending so both parents have defined rights during that period. Final custody arrangements are incorporated into the divorce decree. Our divorce page covers the full process, including how custody, child support, and spousal support interact in contested cases.

Custody and Child Support

The custody arrangement directly affects how child support is calculated. Virginia's Income Shares Model under Virginia Code § 20-108.2 takes both parents' incomes and the number of days each parent has the child into account when determining support. Getting the custody arrangement right is not just about parenting time. It also affects the financial obligations that follow. Our child support page explains how the calculation works and when courts can depart from the guidelines.

Custody Cases in the Fredericksburg Area Courts

Custody cases in Virginia are heard in the Juvenile and Domestic Relations District Court at the initial level, with the option to appeal to Circuit Court for a full hearing. Shawna has practiced in the local courts across the Fredericksburg region for over 20 years, including in Fredericksburg, Stafford County, Spotsylvania County, King George County, and Caroline County.

Questions We Hear Often

What is the difference between legal and physical custody?

Legal custody covers decision-making for the child's education, healthcare, and upbringing. Physical custody covers where the child lives and the day-to-day schedule. Courts address both separately and the outcomes do not have to mirror each other.

Does Virginia favor one parent over the other?

No. Virginia law does not give preference to either parent based on gender. Custody decisions are based entirely on the best interests of the child as laid out in Virginia Code § 20-124.3.

At what age can a child choose which parent to live with?

There is no set age in Virginia. A child's preference is one factor courts consider, and the weight given to it increases with the child's age and maturity. It is not the only factor and it is not binding on the court.

Can custody be changed after it is ordered?

Yes, when there has been a material change in circumstances since the last order was entered. Courts do not reopen custody simply because a parent is unhappy with the arrangement. There must be a real change in the situation that affects the child.

What if the other parent is not following the custody order?

Document every violation and consult an attorney. Courts take order violations seriously. Remedies include makeup parenting time, modification of the order, and in serious cases, contempt proceedings.

Does custody affect child support?

Yes, directly. The number of days each parent has physical custody is a factor in the Virginia child support calculation. See our child support page for more detail.

Can grandparents or other relatives seek visitation?

Virginia Code § 20-124.2 allows courts to consider visitation for persons with a legitimate interest in the child's welfare, including grandparents, in certain circumstances.

Serving Fredericksburg and the Surrounding Region

Shawna L. Stevens PLLC represents clients throughout Northern Virginia, including Fredericksburg city (22401, 22405, 22406, 22407, 22408), Stafford County, Spotsylvania County, King George County, Caroline County, Orange County, and Westmoreland County. We also serve military families near Marine Corps Base Quantico, Naval Support Facility Dahlgren, and Fort Belvoir.

Military divorce near Quantico & Dahlgren

Talk to a Child Custody Attorney in Fredericksburg

If you are facing a custody dispute, a modification, or a relocation issue, contact Shawna L. Stevens PLLC to schedule a confidential consultation.

Fees are discussed directly at your consultation and are based on the specifics of your case.

Phone: (540) 310-4088

Email: [email protected]

Address: 307 Lafayette Blvd, Suite 200, Fredericksburg, VA 22401

Related: Divorce • Child Support • Modifications • Spousal Support • Military Divorce • About Shawna

Related Practice Areas

Protective Orders