How Does the Custody Process Work in Virginia Divorce Cases?

Custody disputes are some of the most difficult parts of divorce. Parents want what is best for their children, but disagreements over living arrangements, visitation schedules and decision-making often land families in court.

If you are in the Central Virginia region and are facing custody issues during a divorce, understanding the process can help you prepare – and working with an experienced child custody lawyer ensures your rights are protected at every step.

In Virginia custody disputes, do both parents start with equal rights?

Yes. In Virginia, both parents start with equal legal rights to custody and visitation. The law does not assume that mothers are more entitled to custody than fathers, or vice versa. Until the court enters a custody order, neither parent has greater authority than the other over the children.

Because of this, many parents consult with child custody attorney before filing for divorce. A skilled attorney can help you file for custody in juvenile court or present your case in circuit court during the divorce process.

What happens in Virginia courts during a divorce?

In Virginia, once a divorce is filed, custody and visitation are usually addressed in circuit court. Parents can request a pendente lite hearing – a temporary hearing where a judge puts a short-term custody plan in place. While not final, this plan often sets the tone for the case.

If you are preparing for one of these hearings, a custody attorney can help you gather documentation, present evidence, and advocate for a schedule that reflects your child’s best interests.

What factors do Virginia judges consider?

Virginia Code §20-124.3 outlines several factors judges must weigh when deciding custody. These include:

• The child’s physical and emotional needs
• Each parent’s ability to meet those needs
• The child’s relationship with each parent
• Each parent’s willingness to encourage the child’s bond with the other parent
• Whether one parent unreasonably witheld the child from the other parent
• The child’s reasonable preference, if mature enough to express one

Judges don’t just look at where a child sleeps at night. They focus on the overall environment and which arrangement best promotes the child’s well-being.

Our Richmond, Virginia-based child custody attorney can help you present evidence on these points.

Does the child get a say in custody?

Children never get the final decision in Virginia custody cases. However, if a child is mature enough, the court may consider their preference. The judge will weigh that preference along with all other statutory factors.

If you are a Central Virginia-area parent facing custody proceedings, it is best to work with a visitation and custody dispute lawyer who understands how to address a child’s input in court without placing undue pressure on them.

What is – and what is the role of – a guardian ad litem?

In contested custody cases, courts often appoint a guardian ad litem (GAL). This is an attorney tasked with representing the child’s best interests. The GAL may visit both parents’ homes, interview family members and review records before presenting recommendations to the court.

Because judges give weight to a GAL’s findings, cooperating with them – and having the support of an experienced child custody lawyer who is familiar with your area – can be crucial.

Can relatives seek custody of a child in Virginia?

Yes. In Virginia, grandparents or other relatives may petition for custody if they can show it serves the child’s best interest.

But such petitions can create very complex cases, and this is why senior family members should seriously consider working with a custody battle lawyer who has experience helping grandparents prepare a strong petition.

What about emergencies or modifications?

Sometimes urgent situations, such as safety concerns, require filing for emergency custody. Virginia courts can issue temporary orders quickly in these cases.

Later, if circumstances change, parents may return to court to modify custody orders. The Trustice Law Group team has extensive experience securing emergency custody and modifying custody orders and can help you demonstrate why a change is necessary and in the child’s best interests.

Why hire a lawyer for child custody?

The custody process in Virginia involves multiple complex steps, from temporary hearings to full trials. Judges must balance many factors, and parents who attempt to represent themselves often struggle to present all evidence clearly, effectively and in a timely manner.

Whether you are a parent seeking equal parenting time, a grandparent concerned about your grandchild’s safety or a parent facing an emergency, an experienced, Richmond-area child custody attorney can guide you through the process.

At Trustice Law Group, our Richmond-based child custody lawyers have helped parents and families successfully navigate complex custody disputes with compassion and skill.

For more information on divorce law in Virginia, an initial consultation is your next best step. Get your questions answered based on your unique situation. Click to request a time today or by calling us at 804-207-9381.