Custody Agreements in Va

Custody Agreements in VA: What You Need to Know

Going through divorce or separation is not easy, especially when children are involved. One of the most important aspects of the process is determining child custody arrangements that work for both parents and the children. In Virginia, custody agreements can take different forms depending on the circumstances of each case. In this article, we will go over some of the essential things you should know about custody agreements in VA to help you make informed decisions.

Types of Custody in Virginia

In Virginia, child custody is divided into two categories: legal custody and physical custody. Legal custody refers to the right to make major decisions about the child`s life, such as healthcare, education, and religion. Physical custody refers to where the child will live. Each category can be further divided into joint or sole custody.

Joint legal custody means that both parents have the right to make decisions about the child`s life. It requires cooperation and good communication between the parents. Joint physical custody means that the child spends significant time with both parents, although it doesn`t have to be equal time. Sole legal custody means that one parent has the exclusive right to make decisions about the child`s life. Sole physical custody means that the child lives with one parent most of the time, and the other parent may have visitation rights.

Factors That Determine Custody

The court considers several factors when deciding custody arrangements, including:

– The child`s age, needs, and physical and mental health

– The parents` physical and mental health

– The parents` ability to provide for the child`s needs

– The child`s relationship with each parent and other family members

– The child`s preference (if the child is mature enough to express an opinion)

– The parents` willingness to cooperate and foster a positive relationship between the child and the other parent

The court`s primary goal is to determine a custody arrangement that is in the best interest of the child.

Creating a Custody Agreement

Parents can create a custody agreement on their own, with the help of a mediator, or with the assistance of attorneys. The agreement should be in writing and include details about legal and physical custody, visitation schedules, holidays, and vacations. It should also include provisions for dispute resolution and modifications if circumstances change.

If the parents can`t agree on a custody arrangement, the court may need to step in and make a decision. In that case, the court will consider the factors mentioned above and may also order a home study or appoint a guardian ad litem to represent the child`s interests.

Enforcing a Custody Agreement

Once a custody agreement is in place, the parents must follow its terms. If one parent violates the agreement, the other parent can file a motion for contempt with the court. The court can then enforce the agreement and order the violating parent to comply. If the violation is severe, the court may modify the custody arrangement.


Child custody can be a contentious and emotional issue during divorce or separation proceedings. However, it`s crucial to remember that the primary goal is to protect the child`s best interests. Understanding the different types of custody and factors that determine custody can help parents make informed decisions and create a custody agreement that works for everyone involved. If you need assistance with a custody agreement, it`s always best to seek the help of an experienced family law attorney.