{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-278.15.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-278.15.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-278.15.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-278.15.html"}],"law_id":78408,"edition_id":1,"section_id":78408,"structure_id":13006,"section_number":"16.1-278.15","catch_line":"Custody or visitation, child or spousal support generally","history":"1991, c. 534; 1992, cc. 585, 716, 742; 1994, c. 769; 1996, cc. 767, 879, 884; 2000, c. 586; 2002, c. 300; 2003, cc. 31, 45; 2004, c. 732; 2008, cc. 136, 845; 2015, cc. 653, 654; 2017, cc. 46, 95, 509; 2023, c. 17; 2025, c. 143.","full_text":"A\n\nIn cases involving the custody, visitation or support of a child pursuant to subdivision A 3 of § 16.1-241, the court may make any order of disposition to protect the welfare of the child and family as may be made by the circuit court. The parties to any petition where a child whose custody, visitation, or support is contested shall show proof that they have attended within the 12 months prior to their court appearance or that they shall attend within 45 days thereafter an educational seminar or other like program conducted by a qualified person or organization approved by the Office of the Executive Secretary of the Supreme Court of Virginia. The court may require the parties to attend such seminar or program in uncontested cases only if the court finds good cause. The seminar or other program shall be a minimum of four hours in length and shall address the effects of separation or divorce on children, parenting responsibilities, options for conflict resolution and financial responsibilities. Once a party has completed one educational seminar or other like program, the required completion of additional programs shall be at the court’s discretion. Parties under this section shall include natural or adoptive parents of the child, or any person with a legitimate interest as defined in § 20-124.1. The fee charged a party for participation in such program shall be based on the party’s ability to pay; however, no fee in excess of $50 may be charged. Whenever possible, before participating in mediation or alternative dispute resolution to address custody, visitation or support, each party shall have attended the educational seminar or other like program. The court may grant an exemption from attendance of such program for good cause shown or if there is no program reasonably available. Other than statements or admissions by a party admitting criminal activity or child abuse or neglect, no statement or admission by a party in such seminar or program shall be admissible into evidence in any subsequent proceeding. If support is ordered for a child, the order shall also provide that support will continue to be paid for a child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the parent seeking or receiving child support, until the child reaches the age of 19 or graduates from high school, whichever occurs first. The court may also order that support be paid or continue to be paid for any child over the age of 18 who is (a) severely and permanently mentally or physically disabled, and such disability existed prior to the child reaching the age of 18 or the age of 19 if the child met the requirements of clauses (i), (ii), and (iii); (b) unable to live independently and support himself; and (c) residing in the home of the parent seeking or receiving child support. Upon request of either party, the court may also order that support payments be made to a special needs trust or an ABLE savings trust account as defined in § 23.1-700.B\n\nIn any case involving the custody or visitation of a child, the court may award custody upon petition to any party with a legitimate interest therein, including, but not limited to, grandparents, stepparents, former stepparents, blood relatives and family members. For purposes of this section, a party with a legitimate interest shall also include a parent whose rights previously had been terminated, provided that the child whose custody or visitation is at issue (i) is at least 14 years of age; (ii) has had a permanency goal previously achieved by adoption; (iii) has had his adoptive parents die or, pursuant to § 16.1-277.02, each of such child’s adoptive parents has permanently been relieved of custody of such child and each adoptive parent has had his parental rights terminated; and (iv) is in the custody of a local board of social services, and provided that the parent whose rights had previously been terminated has (a) complied with the terms of any written post-adoption contact and communication agreement entered into pursuant to Article 1.1 (§ 63.2-1220.2 et seq.) of Chapter 12 of Title 63.2 and (b) maintained a positive, continuous relationship with the child since termination. The term “legitimate interest” shall be broadly construed to accommodate the best interest of the child. The authority of the juvenile court to consider a petition involving the custody of a child shall not be proscribed or limited where the custody of the child has previously been awarded to a local board of social services.C\n\nIn any determination of support obligation under this section, the support obligation as it becomes due and unpaid creates a judgment by operation of law. Such judgment becomes a lien against real estate only when docketed in the county or city where such real estate is located. Nothing herein shall be construed to alter or amend the process of attachment of any lien on personal property.D\n\nOrders entered prior to July 1, 2008, shall not be deemed void or voidable solely because the petition or motion that resulted in the order was completed, signed and filed by a nonattorney employee of the Department of Social Services.E\n\nIn cases involving charges for desertion, abandonment or failure to provide support by any person in violation of law, disposition shall be made in accordance with Chapter 5 (§ 20-61 et seq.) of Title 20.F\n\nIn cases involving a spouse who seeks spousal support after having separated from his spouse, the court may enter any appropriate order to protect the welfare of the spouse seeking support.G\n\nIn any case or proceeding involving the custody or visitation of a child, the court shall consider the best interest of the child, including the considerations for determining custody and visitation set forth in Chapter 6.1 (§ 20-124.1 et seq.) of Title 20.G1\n\nIn any case or proceeding involving the custody or visitation of a child, as to a parent, the court may, in its discretion, use the phrase “parenting time” to be synonymous with the term “visitation.”H\n\nIn any proceeding before the court for custody or visitation of a child, the court may order a custody or a psychological evaluation of any parent, guardian, legal custodian or person standing in loco parentis to the child, if the court finds such evaluation would assist it in its determination. The court may enter such orders as it deems appropriate for the payment of the costs of the evaluation by the parties.I\n\nWhen deemed appropriate by the court in any custody or visitation matter, the court may order drug testing of any parent, guardian, legal custodian or person standing in loco parentis to the child. The court may enter such orders as it deems appropriate for the payment of the costs of the testing by the parties.J\n\nIn any custody or visitation case or proceeding wherein an order prohibiting a party from picking the child up from school is entered pursuant to this section, the court shall order a party to such case or proceeding to provide a copy of such custody or visitation order to the school at which the child is enrolled within three business days of such party’s receipt of such custody or visitation order.\n\t\t\tIf a custody determination affects the school enrollment of the child subject to such custody order and prohibits a party from picking the child up from school, the court shall order a party to provide a copy of such custody order to the school at which the child will be enrolled within three business days of such party’s receipt of such order. Such order directing a party to provide a copy of such custody or visitation order shall further require such party, upon any subsequent change in the child’s school enrollment, to provide a copy of such custody or visitation order to the new school at which the child is subsequently enrolled within three business days of such enrollment.\n\t\t\tIf the court determines that a party is unable to deliver the custody or visitation order to the school, such party shall provide the court with the name of the principal and address of the school, and the court shall cause the order to be mailed by first class mail to such school principal.\n\t\t\tNothing in this section shall be construed to require any school staff to interpret or enforce the terms of such custody or visitation order.","order_by":null,"text":{"0":{"id":281022,"text":"In cases involving the custody, visitation or support of a child pursuant to subdivision A 3 of § 16.1-241, the court may make any order of disposition to protect the welfare of the child and family as may be made by the circuit court. The parties to any petition where a child whose custody, visitation, or support is contested shall show proof that they have attended within the 12 months prior to their court appearance or that they shall attend within 45 days thereafter an educational seminar or other like program conducted by a qualified person or organization approved by the Office of the Executive Secretary of the Supreme Court of Virginia. The court may require the parties to attend such seminar or program in uncontested cases only if the court finds good cause. The seminar or other program shall be a minimum of four hours in length and shall address the effects of separation or divorce on children, parenting responsibilities, options for conflict resolution and financial responsibilities. Once a party has completed one educational seminar or other like program, the required completion of additional programs shall be at the court’s discretion. Parties under this section shall include natural or adoptive parents of the child, or any person with a legitimate interest as defined in § 20-124.1. The fee charged a party for participation in such program shall be based on the party’s ability to pay; however, no fee in excess of $50 may be charged. Whenever possible, before participating in mediation or alternative dispute resolution to address custody, visitation or support, each party shall have attended the educational seminar or other like program. The court may grant an exemption from attendance of such program for good cause shown or if there is no program reasonably available. Other than statements or admissions by a party admitting criminal activity or child abuse or neglect, no statement or admission by a party in such seminar or program shall be admissible into evidence in any subsequent proceeding. If support is ordered for a child, the order shall also provide that support will continue to be paid for a child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the parent seeking or receiving child support, until the child reaches the age of 19 or graduates from high school, whichever occurs first. The court may also order that support be paid or continue to be paid for any child over the age of 18 who is (a) severely and permanently mentally or physically disabled, and such disability existed prior to the child reaching the age of 18 or the age of 19 if the child met the requirements of clauses (i), (ii), and (iii); (b) unable to live independently and support himself; and (c) residing in the home of the parent seeking or receiving child support. Upon request of either party, the court may also order that support payments be made to a special needs trust or an ABLE savings trust account as defined in § 23.1-700.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":281023,"text":"In any case involving the custody or visitation of a child, the court may award custody upon petition to any party with a legitimate interest therein, including, but not limited to, grandparents, stepparents, former stepparents, blood relatives and family members. For purposes of this section, a party with a legitimate interest shall also include a parent whose rights previously had been terminated, provided that the child whose custody or visitation is at issue (i) is at least 14 years of age; (ii) has had a permanency goal previously achieved by adoption; (iii) has had his adoptive parents die or, pursuant to § 16.1-277.02, each of such child’s adoptive parents has permanently been relieved of custody of such child and each adoptive parent has had his parental rights terminated; and (iv) is in the custody of a local board of social services, and provided that the parent whose rights had previously been terminated has (a) complied with the terms of any written post-adoption contact and communication agreement entered into pursuant to Article 1.1 (§ 63.2-1220.2 et seq.) of Chapter 12 of Title 63.2 and (b) maintained a positive, continuous relationship with the child since termination. The term “legitimate interest” shall be broadly construed to accommodate the best interest of the child. The authority of the juvenile court to consider a petition involving the custody of a child shall not be proscribed or limited where the custody of the child has previously been awarded to a local board of social services.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":281024,"text":"In any determination of support obligation under this section, the support obligation as it becomes due and unpaid creates a judgment by operation of law. Such judgment becomes a lien against real estate only when docketed in the county or city where such real estate is located. Nothing herein shall be construed to alter or amend the process of attachment of any lien on personal property.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":281025,"text":"Orders entered prior to July 1, 2008, shall not be deemed void or voidable solely because the petition or motion that resulted in the order was completed, signed and filed by a nonattorney employee of the Department of Social Services.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":281026,"text":"In cases involving charges for desertion, abandonment or failure to provide support by any person in violation of law, disposition shall be made in accordance with Chapter 5 (§ 20-61 et seq.) of Title 20.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":281027,"text":"In cases involving a spouse who seeks spousal support after having separated from his spouse, the court may enter any appropriate order to protect the welfare of the spouse seeking support.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":281028,"text":"In any case or proceeding involving the custody or visitation of a child, the court shall consider the best interest of the child, including the considerations for determining custody and visitation set forth in Chapter 6.1 (§ 20-124.1 et seq.) of Title 20.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"7":{"id":281029,"text":"In any case or proceeding involving the custody or visitation of a child, as to a parent, the court may, in its discretion, use the phrase “parenting time” to be synonymous with the term “visitation.”","type":"section","prefixes":["G1"],"prefix":"G1","entire_prefix":"G1","prefix_anchor":"G1","level":1,"prior_prefix":"G","next_prefix":"H"},"8":{"id":281030,"text":"In any proceeding before the court for custody or visitation of a child, the court may order a custody or a psychological evaluation of any parent, guardian, legal custodian or person standing in loco parentis to the child, if the court finds such evaluation would assist it in its determination. The court may enter such orders as it deems appropriate for the payment of the costs of the evaluation by the parties.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G1","next_prefix":"I"},"9":{"id":281031,"text":"When deemed appropriate by the court in any custody or visitation matter, the court may order drug testing of any parent, guardian, legal custodian or person standing in loco parentis to the child. The court may enter such orders as it deems appropriate for the payment of the costs of the testing by the parties.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"10":{"id":281032,"text":"In any custody or visitation case or proceeding wherein an order prohibiting a party from picking the child up from school is entered pursuant to this section, the court shall order a party to such case or proceeding to provide a copy of such custody or visitation order to the school at which the child is enrolled within three business days of such party’s receipt of such custody or visitation order.\n\t\t\tIf a custody determination affects the school enrollment of the child subject to such custody order and prohibits a party from picking the child up from school, the court shall order a party to provide a copy of such custody order to the school at which the child will be enrolled within three business days of such party’s receipt of such order. Such order directing a party to provide a copy of such custody or visitation order shall further require such party, upon any subsequent change in the child’s school enrollment, to provide a copy of such custody or visitation order to the new school at which the child is subsequently enrolled within three business days of such enrollment.\n\t\t\tIf the court determines that a party is unable to deliver the custody or visitation order to the school, such party shall provide the court with the name of the principal and address of the school, and the court shall cause the order to be mailed by first class mail to such school principal.\n\t\t\tNothing in this section shall be construed to require any school staff to interpret or enforce the terms of such custody or visitation order.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":13006,"edition_id":1,"name":"Disposition","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":161781,"object_type":"structure","relational_id":13006,"identifier":"9","token":"16.1\/11\/9","url":"\/16.1\/11\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61839,"structure_id":13006,"section_number":"16.1-278","catch_line":"Cooperation of certain agencies, officials, institutions and associations","url":"\/16.1-278\/","token":"16.1\/11\/9\/16.1-278","metadata":false},{"id":71042,"structure_id":13006,"section_number":"16.1-278.1","catch_line":"Definitions","url":"\/16.1-278.1\/","token":"16.1\/11\/9\/16.1-278.1","metadata":false},{"id":82666,"structure_id":13006,"section_number":"16.1-278.10","catch_line":"Traffic infractions","url":"\/16.1-278.10\/","token":"16.1\/11\/9\/16.1-278.10","metadata":false},{"id":81073,"structure_id":13006,"section_number":"16.1-278.11","catch_line":"Mental illness and intellectual disability","url":"\/16.1-278.11\/","token":"16.1\/11\/9\/16.1-278.11","metadata":false},{"id":63604,"structure_id":13006,"section_number":"16.1-278.12","catch_line":"When judicial consent in lieu of parental consent authorized","url":"\/16.1-278.12\/","token":"16.1\/11\/9\/16.1-278.12","metadata":false},{"id":65268,"structure_id":13006,"section_number":"16.1-278.13","catch_line":"Work permits; petitions for treatment, etc","url":"\/16.1-278.13\/","token":"16.1\/11\/9\/16.1-278.13","metadata":false},{"id":75260,"structure_id":13006,"section_number":"16.1-278.14","catch_line":"Criminal jurisdiction; protective orders; family offenses","url":"\/16.1-278.14\/","token":"16.1\/11\/9\/16.1-278.14","metadata":false},{"id":78408,"structure_id":13006,"section_number":"16.1-278.15","catch_line":"Custody or visitation, child or spousal support generally","url":"\/16.1-278.15\/","token":"16.1\/11\/9\/16.1-278.15","metadata":false},{"id":61778,"structure_id":13006,"section_number":"16.1-278.16","catch_line":"Failure to comply with support obligation; payroll deduction; commitment","url":"\/16.1-278.16\/","token":"16.1\/11\/9\/16.1-278.16","metadata":false},{"id":63607,"structure_id":13006,"section_number":"16.1-278.17","catch_line":"Pendente lite support","url":"\/16.1-278.17\/","token":"16.1\/11\/9\/16.1-278.17","metadata":false},{"id":83584,"structure_id":13006,"section_number":"16.1-278.17:1","catch_line":"Formula for determination of pendente lite spousal support","url":"\/16.1-278.17_1\/","token":"16.1\/11\/9\/16.1-278.17_1","metadata":false},{"id":59856,"structure_id":13006,"section_number":"16.1-278.18","catch_line":"Money judgments","url":"\/16.1-278.18\/","token":"16.1\/11\/9\/16.1-278.18","metadata":false},{"id":74062,"structure_id":13006,"section_number":"16.1-278.19","catch_line":"Attorney fees","url":"\/16.1-278.19\/","token":"16.1\/11\/9\/16.1-278.19","metadata":false},{"id":59979,"structure_id":13006,"section_number":"16.1-278.2","catch_line":"Abused, neglected, or abandoned children or children without parental care","url":"\/16.1-278.2\/","token":"16.1\/11\/9\/16.1-278.2","metadata":false},{"id":54079,"structure_id":13006,"section_number":"16.1-278.3","catch_line":"Relief of care and custody","url":"\/16.1-278.3\/","token":"16.1\/11\/9\/16.1-278.3","metadata":false},{"id":86609,"structure_id":13006,"section_number":"16.1-278.4","catch_line":"Children in need of services","url":"\/16.1-278.4\/","token":"16.1\/11\/9\/16.1-278.4","metadata":false},{"id":62708,"structure_id":13006,"section_number":"16.1-278.5","catch_line":"Children in need of supervision","url":"\/16.1-278.5\/","token":"16.1\/11\/9\/16.1-278.5","metadata":false},{"id":74489,"structure_id":13006,"section_number":"16.1-278.6","catch_line":"Status offenders","url":"\/16.1-278.6\/","token":"16.1\/11\/9\/16.1-278.6","metadata":false},{"id":80876,"structure_id":13006,"section_number":"16.1-278.7","catch_line":"Commitment to Department of Juvenile Justice","url":"\/16.1-278.7\/","token":"16.1\/11\/9\/16.1-278.7","metadata":false},{"id":54722,"structure_id":13006,"section_number":"16.1-278.7:01","catch_line":"Department to give notice of the receipt of certain persons","url":"\/16.1-278.7_01\/","token":"16.1\/11\/9\/16.1-278.7_01","metadata":false},{"id":87505,"structure_id":13006,"section_number":"16.1-278.7:02","catch_line":"Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain persons","url":"\/16.1-278.7_02\/","token":"16.1\/11\/9\/16.1-278.7_02","metadata":false},{"id":62824,"structure_id":13006,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","url":"\/16.1-278.8\/","token":"16.1\/11\/9\/16.1-278.8","metadata":false},{"id":67041,"structure_id":13006,"section_number":"16.1-278.8:01","catch_line":"Juveniles found delinquent of first drug offense; screening; assessment; drug tests; costs and fees; education or treatment programs","url":"\/16.1-278.8_01\/","token":"16.1\/11\/9\/16.1-278.8_01","metadata":false},{"id":74546,"structure_id":13006,"section_number":"16.1-278.9","catch_line":"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy","url":"\/16.1-278.9\/","token":"16.1\/11\/9\/16.1-278.9","metadata":false},{"id":72132,"structure_id":13006,"section_number":"16.1-279","catch_line":"Repealed","url":"\/16.1-279\/","token":"16.1\/11\/9\/16.1-279","metadata":false},{"id":62456,"structure_id":13006,"section_number":"16.1-279.1","catch_line":"Protective order in cases of family abuse","url":"\/16.1-279.1\/","token":"16.1\/11\/9\/16.1-279.1","metadata":false},{"id":76101,"structure_id":13006,"section_number":"16.1-280","catch_line":"Commitment of juveniles with mental illness or intellectual disability","url":"\/16.1-280\/","token":"16.1\/11\/9\/16.1-280","metadata":false},{"id":58560,"structure_id":13006,"section_number":"16.1-281","catch_line":"Foster care plan","url":"\/16.1-281\/","token":"16.1\/11\/9\/16.1-281","metadata":false},{"id":56077,"structure_id":13006,"section_number":"16.1-282","catch_line":"Foster care review","url":"\/16.1-282\/","token":"16.1\/11\/9\/16.1-282","metadata":false},{"id":55053,"structure_id":13006,"section_number":"16.1-282.1","catch_line":"Permanency planning hearing for children in foster care","url":"\/16.1-282.1\/","token":"16.1\/11\/9\/16.1-282.1","metadata":false},{"id":56299,"structure_id":13006,"section_number":"16.1-282.2","catch_line":"Annual foster care review","url":"\/16.1-282.2\/","token":"16.1\/11\/9\/16.1-282.2","metadata":false},{"id":75076,"structure_id":13006,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","url":"\/16.1-283\/","token":"16.1\/11\/9\/16.1-283","metadata":false},{"id":74001,"structure_id":13006,"section_number":"16.1-283.1","catch_line":"Authority to enter into voluntary post-adoption contact and communication agreement","url":"\/16.1-283.1\/","token":"16.1\/11\/9\/16.1-283.1","metadata":false},{"id":85194,"structure_id":13006,"section_number":"16.1-283.2","catch_line":"Restoration of parental rights","url":"\/16.1-283.2\/","token":"16.1\/11\/9\/16.1-283.2","metadata":false},{"id":55428,"structure_id":13006,"section_number":"16.1-283.3","catch_line":"Review of voluntary continuing services and support agreements for former foster youth","url":"\/16.1-283.3\/","token":"16.1\/11\/9\/16.1-283.3","metadata":false},{"id":61757,"structure_id":13006,"section_number":"16.1-284","catch_line":"When adult sentenced for juvenile offense","url":"\/16.1-284\/","token":"16.1\/11\/9\/16.1-284","metadata":false},{"id":54157,"structure_id":13006,"section_number":"16.1-284.1","catch_line":"Placement in secure local facility","url":"\/16.1-284.1\/","token":"16.1\/11\/9\/16.1-284.1","metadata":false},{"id":59506,"structure_id":13006,"section_number":"16.1-285","catch_line":"Duration of commitments","url":"\/16.1-285\/","token":"16.1\/11\/9\/16.1-285","metadata":false},{"id":75164,"structure_id":13006,"section_number":"16.1-285.1","catch_line":"Commitment of serious offenders","url":"\/16.1-285.1\/","token":"16.1\/11\/9\/16.1-285.1","metadata":false},{"id":70403,"structure_id":13006,"section_number":"16.1-285.2","catch_line":"Release and review hearing for serious offender","url":"\/16.1-285.2\/","token":"16.1\/11\/9\/16.1-285.2","metadata":false},{"id":84274,"structure_id":13006,"section_number":"16.1-286","catch_line":"Cost of maintenance; approval of placement; semiannual review","url":"\/16.1-286\/","token":"16.1\/11\/9\/16.1-286","metadata":false},{"id":78593,"structure_id":13006,"section_number":"16.1-287","catch_line":"Transfer of information upon commitment; information to be furnished by and to local school boards","url":"\/16.1-287\/","token":"16.1\/11\/9\/16.1-287","metadata":false},{"id":86549,"structure_id":13006,"section_number":"16.1-288","catch_line":"Protection of religious affiliations","url":"\/16.1-288\/","token":"16.1\/11\/9\/16.1-288","metadata":false},{"id":70444,"structure_id":13006,"section_number":"16.1-289","catch_line":"Review of order of commitment","url":"\/16.1-289\/","token":"16.1\/11\/9\/16.1-289","metadata":false},{"id":67111,"structure_id":13006,"section_number":"16.1-289.1","catch_line":"Motions to reconsider orders for participation in continuing programs","url":"\/16.1-289.1\/","token":"16.1\/11\/9\/16.1-289.1","metadata":false},{"id":65314,"structure_id":13006,"section_number":"16.1-290","catch_line":"Support of committed juvenile; support from estate of juvenile","url":"\/16.1-290\/","token":"16.1\/11\/9\/16.1-290","metadata":false},{"id":54758,"structure_id":13006,"section_number":"16.1-290.1","catch_line":"Payment for court-ordered counseling, treatment or programs","url":"\/16.1-290.1\/","token":"16.1\/11\/9\/16.1-290.1","metadata":false},{"id":66947,"structure_id":13006,"section_number":"16.1-290.2","catch_line":"Certain information to be made available to certain defendants found not guilty","url":"\/16.1-290.2\/","token":"16.1\/11\/9\/16.1-290.2","metadata":false}],"previous_section":{"id":75260,"structure_id":13006,"section_number":"16.1-278.14","catch_line":"Criminal jurisdiction; protective orders; family offenses","url":"\/16.1-278.14\/","token":"16.1\/11\/9\/16.1-278.14","metadata":false},"next_section":{"id":61778,"structure_id":13006,"section_number":"16.1-278.16","catch_line":"Failure to comply with support obligation; payroll deduction; commitment","url":"\/16.1-278.16\/","token":"16.1\/11\/9\/16.1-278.16","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-278.15\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 534 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 12 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1992, chapters 585, 716, and 742; in 1994, chapter 769<\/a>; in 1996, chapters 767<\/a>, 879<\/a>, and 884<\/a>; in 2000, chapter 586<\/a>; in 2002, chapter 300<\/a>; in 2003, chapters 31<\/a> and 45<\/a>; in 2004, chapter 732<\/a>; in 2008, chapters 136<\/a> and 845<\/a>; in 2015, chapters 653<\/a> and 654<\/a>; in 2017, chapters 46<\/a>, 95<\/a>, and 509<\/a>; in 2023, chapter 17<\/a>; in 2025, chapter 143<\/a>.<\/p>","references":[{"id":63958,"section_number":"16.1-292","catch_line":"Violation of court order by any person","order_by":null,"url":"\/16.1-292\/"},{"id":76989,"section_number":"18.2-119","catch_line":"Trespass after having been forbidden to do so; penalties","order_by":null,"url":"\/18.2-119\/"},{"id":56123,"section_number":"20-78.1","catch_line":"Effect of entry of support order in certain garnishment proceedings","order_by":null,"url":"\/20-78.1\/"},{"id":64307,"section_number":"20-79.1","catch_line":"Enforcement of support orders; income deduction; penalty for wrongful discharge","order_by":null,"url":"\/20-79.1\/"}],"refers_to":[{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":73075,"section_number":"16.1-277.02","catch_line":"(Effective January 1, 2026) Petition for relief of care and custody","order_by":null,"url":"\/16.1-277.02\/"},{"id":60825,"section_number":"20-124.1","catch_line":"Definitions","order_by":null,"url":"\/20-124.1\/"},{"id":68962,"section_number":"20-61","catch_line":"Desertion or nonsupport of wife, husband or children in necessitous circumstances","order_by":null,"url":"\/20-61\/"},{"id":65888,"section_number":"63.2-1220.2","catch_line":"Authority to enter into post-adoption contact and communication agreements","order_by":null,"url":"\/63.2-1220.2\/"}],"permalink":{"id":161811,"object_type":"law","relational_id":78408,"identifier":"16.1-278.15","token":"16.1\/11\/9\/16.1-278.15","url":"\/16.1-278.15\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-278.15\/","token":"16.1\/11\/9\/16.1-278.15","dublin_core":{"Title":"Custody or visitation, child or spousal support generally","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-278.15","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In cases involving the custody<\/span>, visitation or support of a child pursuant to subdivision A 3 of § 16.1-241<\/a>, the court<\/span> may make any order<\/span> of disposition<\/span> to protect the welfare of the child and family as may be made by the circuit<\/span> court. The parties to any petition<\/span> where a child whose custody<\/span>, visitation, or support is contested shall show proof that they have attended within the 12 months prior to their court appearance<\/span> or that they shall attend within 45 days thereafter an educational seminar or other like program conducted by a qualified person or organization approved by the Office of the Executive Secretary of the Supreme Court of Virginia. The court<\/span> may require the parties to attend such seminar or program in uncontested cases only if the court<\/span> finds good cause. The seminar or other program shall be a minimum of four hours in length and shall address the effects of separation or divorce on children, parenting responsibilities, options for conflict resolution and financial responsibilities. Once a party<\/span> has completed one educational seminar or other like program, the required completion of additional programs shall be at the court<\/span>’s discretion. Parties under this section shall include natural or adoptive parents<\/span> of the child, or any person with a legitimate interest as defined in § 20-124.1<\/a>. The fee charged a party<\/span> for participation in such program shall be based on the party<\/span>’s ability to pay; however, no fee in excess of $50 may be charged. Whenever possible, before participating in mediation or alternative dispute resolution<\/span> to address custody<\/span>, visitation or support, each party<\/span> shall have attended the educational seminar or other like program. The court<\/span> may grant an exemption from attendance of such program for good cause shown or if there is no program reasonably available. Other than statements or admissions by a party<\/span> admitting criminal activity or child abuse or neglect, no statement or admission by a party<\/span> in such seminar or program shall be admissible<\/span> into evidence<\/span> in any subsequent proceeding. If support is ordered for a child, the order<\/span> shall also provide that support will continue to be paid for a child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the parent<\/span> seeking or receiving child support, until the child reaches the age of 19 or graduates from high school, whichever occurs first. The court<\/span> may also order<\/span> that support be paid or continue to be paid for any child over the age of 18 who is (a) severely and permanently mentally or physically disabled, and such disability existed prior to the child reaching the age of 18 or the age of 19 if the child met the requirements of clauses (i), (ii), and (iii); (b) unable to live independently and support himself; and (c) residing in the home of the parent<\/span> seeking or receiving child support. Upon request of either party<\/span>, the court<\/span> may also order<\/span> that support payments be made to a special needs trust or an ABLE savings trust account as defined in § 23.1-700<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any case involving the custody<\/span> or visitation of a child, the court<\/span> may award custody<\/span> upon petition<\/span> to any party<\/span> with a legitimate interest therein, including, but not limited to, grandparents, stepparents, former stepparents, blood relatives and family members. For purposes of this section, a party<\/span> with a legitimate interest shall also include a parent<\/span> whose rights previously had been terminated, provided that the child whose custody<\/span> or visitation is at issue<\/span> (i) is at least 14 years of age; (ii) has had a permanency goal previously achieved by adoption; (iii) has had his adoptive parents<\/span> die or, pursuant to § 16.1-277.02<\/a>, each of such child’s adoptive parents<\/span> has permanently been relieved of custody<\/span> of such child and each adoptive parent<\/span> has had his parental rights terminated; and (iv) is in the custody<\/span> of a local board of social services, and provided that the parent<\/span> whose rights had previously been terminated has (a) complied with the terms of any written post-adoption contact and communication agreement entered into pursuant to Article 1.1 (§ 63.2-1220.2<\/a> et seq.) of Chapter 12 of Title 63.2 and (b) maintained a positive, continuous relationship with the child since termination. The term “legitimate interest” shall be broadly construed to accommodate the best interest of the child. The authority of the juvenile court<\/span> to consider a petition<\/span> involving the custody<\/span> of a child shall not be proscribed or limited where the custody<\/span> of the child has previously been awarded to a local board of social services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In any determination of support obligation under this section, the support obligation as it becomes due and unpaid creates a judgment<\/span> by operation of law<\/span>. Such judgment<\/span> becomes a lien<\/span> against real estate only when docketed in the county or city where such real estate is located. Nothing herein shall be construed to alter or amend<\/span> the process of attachment<\/span> of any lien<\/span> on personal property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Orders<\/span> entered prior to July 1, 2008, shall not be deemed void or voidable solely because the petition<\/span> or motion<\/span> that resulted in the order<\/span> was completed, signed and filed by a nonattorney employee of the Department<\/span> of Social Services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In cases involving charges for desertion, abandonment or failure to provide support by any person in violation of law<\/span>, disposition<\/span> shall be made in accordance with Chapter 5 (§ 20-61<\/a> et seq.) of Title 20. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In cases involving a spouse who seeks spousal support after having separated from his spouse, the court<\/span> may enter any appropriate order<\/span> to protect the welfare of the spouse seeking support. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> In any case or proceeding involving the custody<\/span> or visitation of a child, the court<\/span> shall consider the best interest of the child, including the considerations for determining custody<\/span> and visitation set forth in Chapter 6.1 (§ 20-124.1<\/a> et seq.) of Title 20. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G1.<\/span> In any case or proceeding involving the custody<\/span> or visitation of a child, as to a parent<\/span>, the court<\/span> may, in its discretion, use the phrase “parenting time” to be synonymous with the term “visitation.” <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> In any proceeding before the court<\/span> for custody<\/span> or visitation of a child, the court<\/span> may order<\/span> a custody<\/span> or a psychological evaluation of any parent<\/span>, guardian, legal custodian or person standing in loco parentis to the child, if the court<\/span> finds such evaluation would assist it in its determination. The court<\/span> may enter such orders<\/span> as it deems appropriate for the payment of the costs of the evaluation by the parties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> When deemed appropriate by the court<\/span> in any custody<\/span> or visitation matter, the court<\/span> may order<\/span> drug testing of any parent<\/span>, guardian, legal custodian or person standing in loco parentis to the child. The court<\/span> may enter such orders<\/span> as it deems appropriate for the payment of the costs of the testing by the parties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> In any custody<\/span> or visitation case or proceeding wherein an order<\/span> prohibiting a party<\/span> from picking the child up from school is entered pursuant to this section, the court<\/span> shall order<\/span> a party<\/span> to such case or proceeding to provide a copy of such custody<\/span> or visitation order<\/span> to the school at which the child is enrolled within three business days of such party<\/span>’s receipt of such custody<\/span> or visitation order<\/span>.\n\t\t\tIf a custody<\/span> determination affects the school enrollment of the child subject to such custody<\/span> order<\/span> and prohibits a party<\/span> from picking the child up from school, the court<\/span> shall order<\/span> a party<\/span> to provide a copy of such custody<\/span> order<\/span> to the school at which the child will be enrolled within three business days of such party<\/span>’s receipt of such order<\/span>. Such order<\/span> directing a party<\/span> to provide a copy of such custody<\/span> or visitation order<\/span> shall further require such party<\/span>, upon any subsequent change in the child’s school enrollment, to provide a copy of such custody<\/span> or visitation order<\/span> to the new school at which the child is subsequently enrolled within three business days of such enrollment.\n\t\t\tIf the court<\/span> determines that a party<\/span> is unable to deliver the custody<\/span> or visitation order<\/span> to the school, such party<\/span> shall provide the court<\/span> with the name of the principal and address of the school, and the court<\/span> shall cause the order<\/span> to be mailed by first class mail to such school principal.\n\t\t\tNothing in this section shall be construed to require any school staff to interpret or enforce the terms of such custody<\/span> or visitation order<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCUSTODY OR VISITATION, CHILD OR SPOUSAL SUPPORT GENERALLY (\u00a7 16.1-278.15)\n\nA. In cases involving the custody, visitation or support of a child pursuant to\nsubdivision A 3 of § 16.1-241, the court may make any order of disposition\nto protect the welfare of the child and family as may be made by the circuit\ncourt. The parties to any petition where a child whose custody, visitation, or\nsupport is contested shall show proof that they have attended within the 12\nmonths prior to their court appearance or that they shall attend within 45 days\nthereafter an educational seminar or other like program conducted by a qualified\nperson or organization approved by the Office of the Executive Secretary of the\nSupreme Court of Virginia. The court may require the parties to attend such\nseminar or program in uncontested cases only if the court finds good cause. The\nseminar or other program shall be a minimum of four hours in length and shall\naddress the effects of separation or divorce on children, parenting\nresponsibilities, options for conflict resolution and financial\nresponsibilities. Once a party has completed one educational seminar or other\nlike program, the required completion of additional programs shall be at the\ncourt’s discretion. Parties under this section shall include natural or\nadoptive parents of the child, or any person with a legitimate interest as\ndefined in § 20-124.1. The fee charged a party for participation in such\nprogram shall be based on the party’s ability to pay; however, no fee in\nexcess of $50 may be charged. Whenever possible, before participating in\nmediation or alternative dispute resolution to address custody, visitation or\nsupport, each party shall have attended the educational seminar or other like\nprogram. The court may grant an exemption from attendance of such program for\ngood cause shown or if there is no program reasonably available. Other than\nstatements or admissions by a party admitting criminal activity or child abuse\nor neglect, no statement or admission by a party in such seminar or program\nshall be admissible into evidence in any subsequent proceeding. If support is\nordered for a child, the order shall also provide that support will continue to\nbe paid for a child over the age of 18 who is (i) a full-time high school\nstudent, (ii) not self-supporting, and (iii) living in the home of the parent\nseeking or receiving child support, until the child reaches the age of 19 or\ngraduates from high school, whichever occurs first. The court may also order\nthat support be paid or continue to be paid for any child over the age of 18 who\nis (a) severely and permanently mentally or physically disabled, and such\ndisability existed prior to the child reaching the age of 18 or the age of 19 if\nthe child met the requirements of clauses (i), (ii), and (iii); (b) unable to\nlive independently and support himself; and (c) residing in the home of the\nparent seeking or receiving child support. Upon request of either party, the\ncourt may also order that support payments be made to a special needs trust or\nan ABLE savings trust account as defined in § 23.1-700.\n\nB. In any case involving the custody or visitation of a child, the court may\naward custody upon petition to any party with a legitimate interest therein,\nincluding, but not limited to, grandparents, stepparents, former stepparents,\nblood relatives and family members. For purposes of this section, a party with a\nlegitimate interest shall also include a parent whose rights previously had been\nterminated, provided that the child whose custody or visitation is at issue (i)\nis at least 14 years of age; (ii) has had a permanency goal previously achieved\nby adoption; (iii) has had his adoptive parents die or, pursuant to §\n16.1-277.02, each of such child’s adoptive parents has permanently been\nrelieved of custody of such child and each adoptive parent has had his parental\nrights terminated; and (iv) is in the custody of a local board of social\nservices, and provided that the parent whose rights had previously been\nterminated has (a) complied with the terms of any written post-adoption contact\nand communication agreement entered into pursuant to Article 1.1 (§\n63.2-1220.2 et seq.) of Chapter 12 of Title 63.2 and (b) maintained a positive,\ncontinuous relationship with the child since termination. The term\n“legitimate interest” shall be broadly construed to accommodate the\nbest interest of the child. The authority of the juvenile court to consider a\npetition involving the custody of a child shall not be proscribed or limited\nwhere the custody of the child has previously been awarded to a local board of\nsocial services.\n\nC. In any determination of support obligation under this section, the support\nobligation as it becomes due and unpaid creates a judgment by operation of law.\nSuch judgment becomes a lien against real estate only when docketed in the\ncounty or city where such real estate is located. Nothing herein shall be\nconstrued to alter or amend the process of attachment of any lien on personal\nproperty.\n\nD. Orders entered prior to July 1, 2008, shall not be deemed void or voidable\nsolely because the petition or motion that resulted in the order was completed,\nsigned and filed by a nonattorney employee of the Department of Social Services.\n\nE. In cases involving charges for desertion, abandonment or failure to provide\nsupport by any person in violation of law, disposition shall be made in\naccordance with Chapter 5 (§ 20-61 et seq.) of Title 20.\n\nF. In cases involving a spouse who seeks spousal support after having separated\nfrom his spouse, the court may enter any appropriate order to protect the\nwelfare of the spouse seeking support.\n\nG. In any case or proceeding involving the custody or visitation of a child, the\ncourt shall consider the best interest of the child, including the\nconsiderations for determining custody and visitation set forth in Chapter 6.1\n(§ 20-124.1 et seq.) of Title 20.\n\nG1. In any case or proceeding involving the custody or visitation of a child, as\nto a parent, the court may, in its discretion, use the phrase “parenting\ntime” to be synonymous with the term “visitation.”\n\nH. In any proceeding before the court for custody or visitation of a child, the\ncourt may order a custody or a psychological evaluation of any parent, guardian,\nlegal custodian or person standing in loco parentis to the child, if the court\nfinds such evaluation would assist it in its determination. The court may enter\nsuch orders as it deems appropriate for the payment of the costs of the\nevaluation by the parties.\n\nI. When deemed appropriate by the court in any custody or visitation matter, the\ncourt may order drug testing of any parent, guardian, legal custodian or person\nstanding in loco parentis to the child. The court may enter such orders as it\ndeems appropriate for the payment of the costs of the testing by the parties.\n\nJ. In any custody or visitation case or proceeding wherein an order prohibiting\na party from picking the child up from school is entered pursuant to this\nsection, the court shall order a party to such case or proceeding to provide a\ncopy of such custody or visitation order to the school at which the child is\nenrolled within three business days of such party’s receipt of such\ncustody or visitation order.\n\t\t\tIf a custody determination affects the school enrollment of the child subject\nto such custody order and prohibits a party from picking the child up from\nschool, the court shall order a party to provide a copy of such custody order to\nthe school at which the child will be enrolled within three business days of\nsuch party’s receipt of such order. Such order directing a party to\nprovide a copy of such custody or visitation order shall further require such\nparty, upon any subsequent change in the child’s school enrollment, to\nprovide a copy of such custody or visitation order to the new school at which\nthe child is subsequently enrolled within three business days of such\nenrollment.\n\t\t\tIf the court determines that a party is unable to deliver the custody or\nvisitation order to the school, such party shall provide the court with the name\nof the principal and address of the school, and the court shall cause the order\nto be mailed by first class mail to such school principal.\n\t\t\tNothing in this section shall be construed to require any school staff to\ninterpret or enforce the terms of such custody or visitation order.\n\nHISTORY: 1991, c. 534; 1992, cc. 585, 716, 742; 1994, c. 769; 1996, cc. 767,\n879, 884; 2000, c. 586; 2002, c. 300; 2003, cc. 31, 45; 2004, c. 732; 2008, cc.\n136, 845; 2015, cc. 653, 654; 2017, cc. 46, 95, 509; 2023, c. 17; 2025, c. 143.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}