Child Custody Guide
Parenting Plans in Virginia Divorce
A parenting plan — sometimes called a custody and visitation agreement — is the document that governs how parents share time with and responsibility for their child after separation or divorce. A well-drafted parenting plan prevents future disputes by addressing the details in advance. Shawna L. Stevens has helped clients build workable, enforceable parenting plans in Fredericksburg-area courts for more than 20 years.
Serving Fredericksburg (22401, 22405, 22406, 22407, 22408), Stafford County, Spotsylvania County, King George County, and Caroline County.
Shawna L. Stevens
Family Law Attorney, Fredericksburg VA
J.D., Thomas M. Cooley Law School — graduated summa cum laude — Licensed by the Virginia State Bar — practicing exclusively Virginia family law for more than 20 years.
What a Parenting Plan Must Cover
Virginia Code § 20-124.4 requires parents in custody cases to file a proposed parenting plan with the court. The plan must address both legal custody (decision-making) and physical custody (residential schedule). Courts approve parenting plans that serve the best interests of the child — and reject or modify those that don't.
Legal Custody Provisions
The plan should specify whether legal custody is joint or sole, and if joint, how parents will make decisions when they disagree. Some plans include a dispute resolution process — requiring the parents to first attempt mediation before going to court on disagreements about major decisions. This protects both parents and avoids litigation over routine parenting conflicts.
Regular Weekly Schedule
The core of the plan is the schedule for regular parenting time. This should be specific enough that neither parent can claim ambiguity — stating pick-up and drop-off times, locations, and who is responsible for transportation. Common weekly schedules include week-on/week-off for older children, a 2-2-3 rotation, or primary placement with one parent and set visitation for the other.
Holidays and School Breaks
Holiday schedules often override the regular weekly schedule. The plan should address Thanksgiving, winter break, spring break, summer vacation, Mother's Day, Father's Day, and each parent's birthday. Many plans alternate major holidays by year (odd-even). Specificity here prevents the most common source of post-divorce disputes — each parent having a different expectation about who has the child on a given day.
Communication Protocols
The plan should address how parents will communicate about the child — what platform, how quickly responses are expected, and what constitutes an emergency requiring immediate contact. It should also address the child's communication with the non-resident parent, including phone calls, video calls, and access to devices. Parents who communicate poorly benefit greatly from specific, written protocols.
Decision-Making on Specific Topics
Beyond the general legal custody provision, well-drafted plans address specific recurring topics: which parent manages school enrollment, how medical decisions are made, what happens when the child needs emergency care, how extracurricular activities are selected and paid for, and how each parent is notified about school events and activities. The more detail, the fewer gaps for future disagreement.
Relocation Notice Requirements
Virginia Code § 20-124.5 requires a parent to provide advance written notice before relocating with a child. The parenting plan should restate this requirement and specify the notice period and method. It should also address what happens if the other parent objects. Addressing relocation in advance protects both parties and prevents the kind of emergency litigation that results from surprise moves.
How Courts Evaluate Parenting Plans
When parents submit an agreed parenting plan, the court reviews it against the best interests standard under § 20-124.3. Courts generally approve agreed plans that are specific, realistic, and address the child's individual needs. Plans that contain vague provisions like "reasonable visitation" or that fail to address holidays and school breaks will often be returned for revision.
When parents cannot agree, each submits a proposed plan and the court holds a hearing. The judge evaluates both proposals against the ten best interests factors and crafts an order. The parent whose proposed plan is more detailed, more child-focused, and more realistic about the logistics tends to carry more credibility in the proceedings.
Courts can also appoint a guardian ad litem — an attorney who represents the child's interests independently from either parent — in contested cases. The GAL investigates, interviews the parents and child, and makes a recommendation to the court. The GAL's report carries substantial weight, particularly when there are serious concerns about the child's welfare.
Questions We Hear Often
Do we have to use a standard parenting plan template?
No. Virginia courts accept custom parenting plans as long as they address the required elements and serve the child's best interests. A plan tailored to your child's age, school, activities, and your specific family logistics will serve you better than a generic form. The goal is a document specific enough that neither parent can claim confusion about what is required.
What happens when a parent violates the parenting plan?
A court-approved parenting plan is a court order. Violating it can result in a show cause proceeding, contempt findings, attorney fee awards, and in serious or repeated cases, modification of custody itself. Documenting violations — dates, times, and what happened — is essential if you need to seek enforcement.
Can we change the parenting plan without going back to court?
Parents can informally agree to temporary changes, but informal agreements are not enforceable if the other parent later reverts to the court order. Any permanent modification of the parenting plan should be formalized in a consent order signed by the judge. Without a court order, either parent can demand strict compliance with the original terms at any time.
Talk to a Child Custody Attorney in Fredericksburg
A parenting plan drafted with care prevents most post-divorce custody disputes before they start. 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
Part of our Child Custody Guide • Related: Types of Custody • Modifying Custody • Custody Overview