By Shawna L. Stevens
If you are a parent in Fredericksburg, Stafford, Spotsylvania, or a nearby Virginia community, changes to custody law may affect how you understand visitation, evaluations, school notices, and support. The 2026 amendments address several specific issues, including legally authorized substances, custody evaluations, grandparent visitation, and the terminology courts may use for a parent’s time with a child. They also clarify certain requirements involving schools and support for some children over age 18.
The changes do not replace the best-interests standard that guides Virginia custody decisions. They add specific rules and tools that may matter in a pending custody case, a divorce involving minor children, a support matter, or a request to modify an existing order.
In short, Virginia’s 2026 custody amendments create clearer rules for parenting-time terminology, authorized substances, custody evaluations, grandparent visitation, support arrangements, and school notice. Parents should review the current statutory language and consider how those provisions apply to the facts, court, and existing orders involved in the case.
1. Which Virginia custody laws changed in 2026?
Two 2026 legislative changes amended Virginia custody statutes. HB 768 became Chapter 1116, while HB 942 became Chapter 711 and took effect July 1, 2026.
HB 768 became Chapter 1116
HB 768 was approved May 14, 2026, and became Chapter 1116. It amends and reenacts Va. Code Section 20-124.2 only.
Most importantly, HB 768 added custody evaluation language to Va. Code Section 20-124.2(D). The current subsection allows a court in a custody or visitation matter, whether in circuit or district court, to order a custody evaluation or an independent mental health or psychological evaluation to assist in determining the child’s best interests.
The historical citation at the end of Va. Code Section 20-124.2 now reads “2026, cc. 711, 1116.”
HB 942 became Chapter 711
HB 942 was approved April 13, 2026, became Chapter 711, and was marked effective July 1, 2026. It amends and reenacts Va. Code Sections 16.1-278.15 and 20-124.2.
Chapter 711 addresses parenting-time terminology, authorized substances, drug testing, support for certain children over 18, special needs trusts and ABLE savings trust accounts, and school notice requirements. The enrolled chapter is available through the Virginia General Assembly bill text.
2. Did the 2026 changes alter Virginia’s best-interests standard?
No. Virginia courts continue to give primary consideration to the best interests of the child when deciding custody and visitation.
The existing standard remains central
Va. Code Section 20-124.2(B) continues to state that the court shall give primary consideration to the best interests of the child. The court may consider joint legal custody, joint physical custody, or sole custody, and there is no presumption in favor of any form of custody or either parent.
The 2026 changes operate within that standard. They do not create an automatic custody result based on a parent’s status, a grandparent’s request, or the use of a particular term in an order.
For a broader explanation of the factors Virginia courts consider, review how Virginia courts decide child custody.
Temporary orders remain available
Additionally, Va. Code Section 20-124.2(A) authorizes the court to enter an order pending the suit as provided in Va. Code Section 20-103. This provision can matter when parents need an order addressing custody, visitation, or support while a case remains pending.
A temporary order is not the same as a final resolution. The specific relief available depends on the facts and procedural posture of the case.
Local courts may be part of the process
In Virginia, custody and visitation matters are commonly heard in the Juvenile and Domestic Relations District Court for the locality involved. Circuit courts may become involved in divorce cases and appeals.
For families near Fredericksburg, examples include the Fredericksburg Circuit Court at 815 Princess Anne Street, Fredericksburg, VA 22401, and the Stafford County Circuit Court at 1300 Courthouse Road, Stafford, VA 22554. The court involved depends on the type of case and the relief requested.
3. What does “parenting time” mean compared with visitation in Virginia?
For a parent, “parenting time” may be used as a synonym for “visitation.” The change concerns terminology and does not, by itself, create a specific schedule or amount of time.
Courts may use either phrase
Va. Code Section 20-124.2(B1) provides that, in a custody or visitation case involving a child, the court may, in its discretion, use the phrase “parenting time” to be synonymous with “visitation” as to a parent.
Va. Code Section 16.1-278.15(G1) contains a corresponding provision for matters in Juvenile and Domestic Relations District Court. The court therefore has discretion to use modern terminology while addressing the same parental time covered by visitation.
The order still needs clear terms
However, the terminology does not answer the practical questions parents must resolve. A custody order may still need to identify regular schedules, holidays, transportation, exchanges, school breaks, and other terms relevant to the child’s care.
A parent seeking a workable schedule may benefit from reviewing Virginia parenting plans. Clear language can reduce uncertainty regardless of whether the order uses “visitation” or “parenting time.”
4. Can an authorized substance alone restrict custody or visitation?
No. A person’s legal possession or consumption of substances authorized under the specified Virginia laws, standing alone, cannot serve as a basis to restrict custody or visitation unless other facts establish that the possession or consumption is not in the child’s best interests.
The restriction requires more than authorized possession or consumption
Va. Code Section 20-124.2(B) addresses legal possession or consumption of substances authorized under Title 4.1 or Chapter 34 of Title 54.1. The statute states that the authorized possession or consumption alone shall not serve as a basis to restrict custody or visitation unless other facts establish that it is not in the best interest of the child.
The same rule appears in Va. Code Section 16.1-278.15(I). The current text of Va. Code Section 20-124.2 contains the applicable custody and visitation language.
Drug testing has a related provision
Additionally, Va. Code Section 16.1-278.15(I) addresses drug testing in custody and visitation matters. When testing includes a positive result for an authorized substance covered by the statute, the person shall not be construed to have failed the drug test based on that result.
This does not eliminate the court’s consideration of other facts. Parents should distinguish between the authorized substance itself and any separate facts that may affect the child’s best interests.
5. When may a Virginia court order a custody evaluation?
A court may order a custody evaluation or an independent mental health or psychological evaluation in a custody or visitation case when the evaluation will assist the court in determining the child’s best interests.
The authority applies in circuit and district court
Va. Code Section 20-124.2(D) applies in any case in which custody or visitation of minor children is at issue, whether in a circuit or district court. The court may order a custody evaluation or an independent mental health or psychological evaluation.
HB 768 added the custody evaluation language to this subsection. The subsection previously addressed independent mental health or psychological evaluations and previously applied to Juvenile and Domestic Relations District Court proceedings.
A parent considering evaluation-related issues may also review information about child custody representation in Fredericksburg before deciding how to present concerns to counsel.
The court may address payment of costs
Furthermore, Va. Code Section 20-124.2(D) allows the court to enter an order it considers appropriate for payment of evaluation costs by the parties. The statute does not require one universal allocation of costs in every case.
The evaluation order and cost allocation depend on the court’s decision and the circumstances presented. Parents should obtain the exact terms of any order entered in their case.
A professional study is underway
Chapter 1116 directs the Board of Psychology, in consultation with the Board of Medicine, to convene a stakeholder advisory group no later than July 1, 2026. The group is to study the availability of qualified mental health professionals willing to serve as court-appointed experts in family law proceedings, including custody evaluations.
The study will examine whether licensing-board complaints and investigation processes deter qualified professionals, review other states’ regulatory approaches, and assess whether regulatory or statutory action is warranted. A report is due to the Chairs of the Senate Committee for Courts of Justice and the House Committee on Health and Human Services no later than November 1, 2026.
6. What changed for grandparent visitation in Virginia?
The 2026 language gives a qualifying grandparent a specific opportunity to introduce evidence of a deceased or incapacitated parent’s consent to visitation. The court may consider the child’s best interests only after the consent is proven by a preponderance of the evidence.
The deceased or incapacitated parent must be the grandparent’s connection
Va. Code Section 20-124.2(B2) applies when a grandparent petitions for visitation with a minor grandchild and a natural or adoptive parent of that child is deceased or incapacitated.
The grandparent related to the deceased or incapacitated parent may introduce evidence of that parent’s consent to visitation with the grandparent. The evidence must be presented in accordance with the rules of evidence.
Consent does not guarantee visitation
However, proving consent does not automatically result in a visitation order. The grandparent must prove the parent’s consent by a preponderance of the evidence. If that burden is met, the court may then determine whether grandparent visitation is in the best interest of the minor grandchild.
For this subsection, “incapacitated parent” has the same meaning as “incapacitated person” in Va. Code Section 64.2-2000. Grandparents should identify the evidence available and the relationship between the deceased or incapacitated parent and the requested visitation.
7. What do the 2026 changes say about support and ABLE accounts?
The current statute permits requested support payments to be directed to a special needs trust or an ABLE savings trust account, and it requires continued support in certain circumstances involving a child over 18.
Special needs trusts and ABLE savings trust accounts
Va. Code Section 20-124.2(C) allows the court, upon request of either party, to order support payments made to a special needs trust or an ABLE savings trust account as defined in Va. Code Section 23.1-700.
The account or trust arrangement must be addressed through the court’s order. Parents should raise the issue directly when a child’s circumstances make this type of payment arrangement relevant.
Support for a child over 18 who remains in high school
The statute requires support to continue for a child over 18 who is a full-time high school student, not self-supporting, and living in the home of the party seeking or receiving child support. Support continues until the child reaches 19 or graduates from high school, whichever occurs first.
The statute also separately addresses a child over 18 who is severely and permanently mentally or physically disabled, unable to live independently and support himself, and residing in the home of the parent seeking or receiving support.
The district court provision also addresses support
Va. Code Section 16.1-278.15 includes corresponding provisions for support payments, including special needs trusts, ABLE savings trust accounts, and support for qualifying children over 18.
As a result, parents should review the language in the specific order and court involved rather than relying on a general assumption about when support ends.
8. What school notice and future-study issues should parents know?
When a custody or visitation order prohibits a party from picking up a child from school, the court must require delivery of the order to the school within three business days of receipt. The Board of Psychology study is separate and does not itself change existing custody cases or orders.
The school must receive the order promptly
Va. Code Section 20-124.2(F) and Va. Code Section 16.1-278.15(J) require the court to order a party to provide a copy of the applicable custody or visitation order to the child’s school within three business days of receiving it.
If the custody determination changes the child’s school enrollment and prohibits a party from picking up the child, the order must also be provided to the new school within three business days of the subsequent enrollment change.
The court can mail the order if delivery is not possible
If the court determines that a party cannot deliver the order to the school, that party must provide the principal’s name and the school’s address. The court will then cause the order to be mailed to the principal by first-class mail.
Most importantly, the statute does not require school staff to interpret or enforce the terms of the custody or visitation order. The order should therefore be delivered as required, and questions about the order itself should be addressed through the appropriate legal process.
Local information should be checked carefully
Families in the region may encounter circuit court references for Fredericksburg, Stafford, Spotsylvania, King George, Caroline, Orange, or Westmoreland. The Spotsylvania County Circuit Court is listed at 9107 Judicial Center Lane, Spotsylvania, VA 22553.
The Westmoreland County Circuit Court current listing is 175 Polk Street, Montross, VA 22520. Older materials may list 111 Polk Street, so parents should use the current listing when confirming the courthouse location.
Families throughout the Fredericksburg region, from Stafford and Spotsylvania to King George, Caroline, Orange, and Westmoreland, have turned to Shawna L. Stevens, who brings more than 20 years of Virginia family-law experience.
With more than 20 years of experience in Virginia family law, Shawna L. Stevens focuses on personalized strategies for custody, visitation, support, divorce, and related family-law matters. The practice information is Shawna L. Stevens PLLC, Shawna L. Stevens, VSB No. 65992, 307 Lafayette Boulevard, Suite 200, Fredericksburg, VA 22401, (540) 310-4088, more than 20 years of Virginia family-law experience, and the seven-county Fredericksburg region.
Frequently Asked Questions
Did the 2026 changes alter Virginia’s best-interests standard?
Virginia’s best-interests standard remains the governing standard for custody and visitation decisions. Va. Code Section 20-124.2(B) continues to require primary consideration of the child’s best interests, with no presumption favoring a particular form of custody or either parent.
What is parenting time compared with visitation in Virginia?
“Parenting time” may be used as a synonym for “visitation” as to a parent when the court exercises its discretion to use that phrase. Shawna L. Stevens PLLC can help a parent review whether an order clearly addresses the schedule and responsibilities involved.
Can an authorized substance alone affect custody?
An authorized substance alone cannot serve as a basis to restrict custody or visitation under the 2026 language. Other facts may still matter if they establish that the possession or consumption is not in the child’s best interests.
When may a custody evaluation be ordered, and who pays?
A custody evaluation may be ordered in a circuit or district court case involving custody or visitation when it will assist the court in determining the child’s best interests. The court may enter an order addressing payment of the evaluation costs by the parties.
What does the grandparent visitation change do when a parent is deceased or incapacitated?
A grandparent related to the deceased or incapacitated parent may introduce evidence that the parent consented to visitation. If that consent is proven by a preponderance of the evidence, the court may then decide whether visitation is in the grandchild’s best interest.
What happens with support for a child over 18?
Support must continue for a qualifying child over 18 who is a full-time high school student, not self-supporting, and living in the home of the parent seeking or receiving support. It continues until the child reaches 19 or graduates from high school, whichever occurs first.
What is the school notice rule?
When an order prohibits a party from picking up the child from school, the court must require delivery of the order to the school within three business days of receipt. If delivery is not possible, the party provides the principal’s name and address so the court can mail the order.
Does the Board of Psychology study change existing custody cases?
The Board of Psychology study does not itself change existing custody cases or orders. It concerns the availability and regulation of qualified mental health professionals who may serve as court-appointed experts, including custody evaluators.
Did the family abuse study bill become law?
HB 839 did not become law. The bill would have directed the Judicial Council of Virginia to convene a work group concerning procedures for victims of family abuse and their children in custody proceedings, but it was continued to the 2027 session in the House Rules committee on February 6, 2026.
Conclusion
Virginia’s 2026 custody law changes provide clearer statutory direction on parenting-time terminology, authorized substances, custody evaluations, grandparent visitation, support arrangements, and school notice. The best-interests standard remains the foundation for custody decisions, and each case still depends on its specific facts, evidence, and court orders.
Parents in Fredericksburg and surrounding communities should review how these provisions relate to a pending matter, a divorce, a support order, or a possible modification. Please note that the consultation fee is a standalone charge and is not credited toward the retainer. If you have questions about your specific situation, Shawna L. Stevens is here to help. Contact our Fredericksburg office to schedule a confidential consultation at (540) 310-4088.