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Virginia

What are the custody factors in Virginia?

Quick answer

Virginia courts give primary consideration to the best interests of the child, may award joint legal, joint physical, or sole custody, and apply no presumption in favor of any form of custody or of either parent (Va. Code § 20-124.2(B)). In deciding custody or visitation, the court shall consider the ten factors in § 20-124.3.

Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026

The factors

The factors are the age and physical and mental condition of the child and of each parent; the relationship between each parent and the child; the child’s needs, including important relationships with siblings, peers, and extended family; the role each parent has played and will play in the child’s upbringing; each parent’s propensity to support the child’s relationship with the other parent, including whether a parent has unreasonably denied access or visitation; each parent’s willingness and demonstrated ability to maintain a close relationship with the child and to cooperate in resolving disputes; the reasonable preference of a child of sufficient intelligence, understanding, age, and experience; any history of family abuse, sexual abuse, child abuse, or an act of violence, force, or threat occurring no earlier than 10 years before the petition; and other factors the court deems necessary.

Findings

The judge must communicate the basis of the decision orally or in writing, and except for consent orders, that communication must set out the findings on the relevant factors (§ 20-124.3). If the court finds a history of abuse or an act of violence, force, or threat within the factor’s scope, it may disregard the factor about supporting the other parent’s relationship with the child.

Other people who can seek custody

Grandparents, stepparents, other relatives, and others with a legitimate interest may petition. The court gives due regard to the primacy of the parent-child relationship, but may award them custody or visitation on clear and convincing evidence that it serves the child’s best interest (§ 20-124.2(B); § 16.1-241(A)).

Tools and resources

Where to check this

Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.

This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.

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