{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-124.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-124.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-124.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-124.2.html"}],"law_id":57103,"edition_id":1,"section_id":57103,"structure_id":14970,"section_number":"20-124.2","catch_line":"Court-ordered custody and visitation arrangements","history":"1994, c. 769; 1996, cc. 767, 879, 884; 1999, c. 574; 2003, c. 520; 2006, c. 665; 2009, c. 713; 2015, cc. 653, 654; 2017, cc. 46, 95, 509; 2018, c. 857; 2021, Sp. Sess. I, c. 253.","full_text":"A\n\nIn any case in which custody or visitation of minor children is at issue, whether in a circuit or district court, the court shall provide prompt adjudication, upon due consideration of all the facts, of custody and visitation arrangements, including support and maintenance for the children, prior to other considerations arising in the matter. The court may enter an order pending the suit as provided in § 20-103. The procedures for determining custody and visitation arrangements shall insofar as practical, and consistent with the ends of justice, preserve the dignity and resources of family members. Mediation shall be used as an alternative to litigation where appropriate. When mediation is used in custody and visitation matters, the goals may include development of a proposal addressing the child’s residential schedule and care arrangements, and how disputes between the parents will be handled in the future.B\n\nIn determining custody, the court shall give primary consideration to the best interests of the child. The court shall consider and may award joint legal, joint physical, or sole custody, and there shall be no presumption in favor of any form of custody. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of either. The court shall give due regard to the primacy of the parent-child relationship but may upon a showing by clear and convincing evidence that the best interest of the child would be served thereby award custody or visitation to any other person with a legitimate interest.B1\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.”B2\n\nIn any case or proceeding in which a grandparent has petitioned the court for visitation with a minor grandchild, and a natural or adoptive parent of the minor grandchild is deceased or incapacitated, the grandparent who is related to such deceased or incapacitated parent shall be permitted to introduce evidence of such parent’s consent to visitation with the grandparent, in accordance with the rules of evidence. If the parent’s consent is proven by a preponderance of the evidence, the court may then determine if grandparent visitation is in the best interest of the minor grandchild. For the purposes of this subsection, “incapacitated parent” has the same meaning ascribed to the term “incapacitated person” in § 64.2-2000.C\n\nThe court may order that support be paid for any child of the parties. Upon request of either party, the court may order that such support payments be made to a special needs trust or an ABLE savings trust account as defined in § 23.1-700. The court shall also order that support will continue to be paid for any 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 party seeking or receiving child support until such child reaches the age of 19 or graduates from high school, whichever first occurs. 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. In addition, the court may confirm a stipulation or agreement of the parties which extends a support obligation beyond when it would otherwise terminate as provided by law. The court shall have no authority to decree support of children payable by the estate of a deceased party. The court may make such further decree as it shall deem expedient concerning support of the minor children, including an order that either party or both parties provide health care coverage or cash medical support, or both.D\n\nIn any case in which custody or visitation of minor children is at issue, whether in a circuit or district court, the court may order an independent mental health or psychological evaluation to assist the court in its determination of the best interests of the child. The court may enter such order as it deems appropriate for the payment of the costs of the evaluation by the parties.E\n\nThe court shall have the continuing authority and jurisdiction to make any additional orders necessary to effectuate and enforce any order entered pursuant to this section or § 20-103 including the authority to punish as contempt of court any willful failure of a party to comply with the provisions of the order. A parent or other person having legal custody of a child may petition the court to enjoin and the court may enter an order to enjoin a parent of the child from filing a petition relating to custody and visitation of that child for any period of time up to 10 years if doing so is in the best interests of the child and such parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of another state, the United States, or any foreign jurisdiction which constitutes (i) murder or voluntary manslaughter, or a felony attempt, conspiracy or solicitation to commit any such offense, if the victim of the offense was a child of the parent, a child with whom the parent resided at the time the offense occurred, or the other parent of the child, or (ii) felony assault resulting in serious bodily injury, felony bodily wounding resulting in serious bodily injury, or felony sexual assault, if the victim of the offense was a child of the parent or a child with whom the parent resided at the time of the offense. When such a petition to enjoin the filing of a petition for custody and visitation is filed, the court shall appoint a guardian ad litem for the child pursuant to § 16.1-266.F\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 or § 20-103, 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":209105,"text":"In any case in which custody or visitation of minor children is at issue, whether in a circuit or district court, the court shall provide prompt adjudication, upon due consideration of all the facts, of custody and visitation arrangements, including support and maintenance for the children, prior to other considerations arising in the matter. The court may enter an order pending the suit as provided in § 20-103. The procedures for determining custody and visitation arrangements shall insofar as practical, and consistent with the ends of justice, preserve the dignity and resources of family members. Mediation shall be used as an alternative to litigation where appropriate. When mediation is used in custody and visitation matters, the goals may include development of a proposal addressing the child’s residential schedule and care arrangements, and how disputes between the parents will be handled in the future.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":209106,"text":"In determining custody, the court shall give primary consideration to the best interests of the child. The court shall consider and may award joint legal, joint physical, or sole custody, and there shall be no presumption in favor of any form of custody. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of either. The court shall give due regard to the primacy of the parent-child relationship but may upon a showing by clear and convincing evidence that the best interest of the child would be served thereby award custody or visitation to any other person with a legitimate interest.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":209107,"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":["B1"],"prefix":"B1","entire_prefix":"B1","prefix_anchor":"B1","level":1,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":209108,"text":"In any case or proceeding in which a grandparent has petitioned the court for visitation with a minor grandchild, and a natural or adoptive parent of the minor grandchild is deceased or incapacitated, the grandparent who is related to such deceased or incapacitated parent shall be permitted to introduce evidence of such parent’s consent to visitation with the grandparent, in accordance with the rules of evidence. If the parent’s consent is proven by a preponderance of the evidence, the court may then determine if grandparent visitation is in the best interest of the minor grandchild. For the purposes of this subsection, “incapacitated parent” has the same meaning ascribed to the term “incapacitated person” in § 64.2-2000.","type":"section","prefixes":["B2"],"prefix":"B2","entire_prefix":"B2","prefix_anchor":"B2","level":1,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":209109,"text":"The court may order that support be paid for any child of the parties. Upon request of either party, the court may order that such support payments be made to a special needs trust or an ABLE savings trust account as defined in § 23.1-700. The court shall also order that support will continue to be paid for any 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 party seeking or receiving child support until such child reaches the age of 19 or graduates from high school, whichever first occurs. 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. In addition, the court may confirm a stipulation or agreement of the parties which extends a support obligation beyond when it would otherwise terminate as provided by law. The court shall have no authority to decree support of children payable by the estate of a deceased party. The court may make such further decree as it shall deem expedient concerning support of the minor children, including an order that either party or both parties provide health care coverage or cash medical support, or both.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"5":{"id":209110,"text":"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 an independent mental health or psychological evaluation to assist the court in its determination of the best interests of the child. The court may enter such order as it deems appropriate for the payment of the costs of the evaluation by the parties.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":209111,"text":"The court shall have the continuing authority and jurisdiction to make any additional orders necessary to effectuate and enforce any order entered pursuant to this section or § 20-103 including the authority to punish as contempt of court any willful failure of a party to comply with the provisions of the order. A parent or other person having legal custody of a child may petition the court to enjoin and the court may enter an order to enjoin a parent of the child from filing a petition relating to custody and visitation of that child for any period of time up to 10 years if doing so is in the best interests of the child and such parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of another state, the United States, or any foreign jurisdiction which constitutes (i) murder or voluntary manslaughter, or a felony attempt, conspiracy or solicitation to commit any such offense, if the victim of the offense was a child of the parent, a child with whom the parent resided at the time the offense occurred, or the other parent of the child, or (ii) felony assault resulting in serious bodily injury, felony bodily wounding resulting in serious bodily injury, or felony sexual assault, if the victim of the offense was a child of the parent or a child with whom the parent resided at the time of the offense. When such a petition to enjoin the filing of a petition for custody and visitation is filed, the court shall appoint a guardian ad litem for the child pursuant to § 16.1-266.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":209112,"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 or § 20-103, 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":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14970,"edition_id":1,"name":"Custody and Visitation Arrangements for Minor Children","identifier":"6.1","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:51:10","date_modified":"2026-06-26 03:51:10","permalink":{"id":179165,"object_type":"structure","relational_id":14970,"identifier":"6.1","token":"20\/6.1","url":"\/20\/6.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","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":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60825,"structure_id":14970,"section_number":"20-124.1","catch_line":"Definitions","url":"\/20-124.1\/","token":"20\/6.1\/20-124.1","metadata":false},{"id":57103,"structure_id":14970,"section_number":"20-124.2","catch_line":"Court-ordered custody and visitation arrangements","url":"\/20-124.2\/","token":"20\/6.1\/20-124.2","metadata":false},{"id":84426,"structure_id":14970,"section_number":"20-124.2:1","catch_line":"In camera interviews of child; record","url":"\/20-124.2_1\/","token":"20\/6.1\/20-124.2_1","metadata":false},{"id":72356,"structure_id":14970,"section_number":"20-124.3","catch_line":"Best interests of the child; visitation","url":"\/20-124.3\/","token":"20\/6.1\/20-124.3","metadata":false},{"id":59997,"structure_id":14970,"section_number":"20-124.3:1","catch_line":"Repealed","url":"\/20-124.3_1\/","token":"20\/6.1\/20-124.3_1","metadata":false},{"id":76609,"structure_id":14970,"section_number":"20-124.4","catch_line":"Mediation","url":"\/20-124.4\/","token":"20\/6.1\/20-124.4","metadata":false},{"id":59969,"structure_id":14970,"section_number":"20-124.5","catch_line":"Notification of relocation","url":"\/20-124.5\/","token":"20\/6.1\/20-124.5","metadata":false},{"id":77145,"structure_id":14970,"section_number":"20-124.6","catch_line":"Access to minor's records","url":"\/20-124.6\/","token":"20\/6.1\/20-124.6","metadata":false}],"previous_section":{"id":60825,"structure_id":14970,"section_number":"20-124.1","catch_line":"Definitions","url":"\/20-124.1\/","token":"20\/6.1\/20-124.1","metadata":false},"next_section":{"id":84426,"structure_id":14970,"section_number":"20-124.2:1","catch_line":"In camera interviews of child; record","url":"\/20-124.2_1\/","token":"20\/6.1\/20-124.2_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-124.2\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 769<\/a> 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. It has been modified 8 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 1996, chapters 767<\/a>, 879<\/a>, and 884<\/a>; in 1999, chapter 574<\/a>; in 2003, chapter 520<\/a>; in 2006, chapter 665<\/a>; in 2009, chapter 713<\/a>; in 2015, chapters 653<\/a> and 654<\/a>; in 2017, chapters 46<\/a>, 95<\/a>, and 509<\/a>; in 2018, chapter 857<\/a>.<\/p>","references":[{"id":84768,"section_number":"20-103","catch_line":"Court may make orders pending suit for divorce, custody or visitation, etc","order_by":null,"url":"\/20-103\/"},{"id":59975,"section_number":"20-107.2","catch_line":"Court may decree as to custody and support of children","order_by":null,"url":"\/20-107.2\/"},{"id":54223,"section_number":"20-60.3","catch_line":"Contents of support orders","order_by":null,"url":"\/20-60.3\/"},{"id":72504,"section_number":"22.1-258","catch_line":"Appointment of attendance officers; notification when pupil fails to report to school; plan; conference; court proceedings","order_by":null,"url":"\/22.1-258\/"}],"refers_to":[{"id":84768,"section_number":"20-103","catch_line":"Court may make orders pending suit for divorce, custody or visitation, etc","order_by":null,"url":"\/20-103\/"},{"id":66160,"section_number":"23.1-700","catch_line":"Definitions","order_by":null,"url":"\/23.1-700\/"}],"permalink":{"id":179171,"object_type":"law","relational_id":57103,"identifier":"20-124.2","token":"20\/6.1\/20-124.2","url":"\/20-124.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-124.2\/","token":"20\/6.1\/20-124.2","dublin_core":{"Title":"Court-ordered custody and visitation arrangements","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-124.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any case in which custody<\/span> or visitation of minor<\/span> children is at issue<\/span>, whether in a circuit<\/span> or district court<\/span>, the court<\/span> shall provide prompt adjudication, upon due consideration of all the facts<\/span>, of custody<\/span> and visitation arrangements, including support and maintenance for the children, prior to other considerations arising in the matter. The court<\/span> may enter an order<\/span> pending the suit as provided in § 20-103<\/a>. The procedures for determining custody<\/span> and visitation arrangements shall insofar as practical, and consistent with the ends of justice, preserve the dignity and resources of family members. Mediation shall be used as an alternative to litigation<\/span> where appropriate. When mediation is used in custody<\/span> and visitation matters, the goals may include development of a proposal addressing the child’s residential schedule and care arrangements, and how disputes between the parents will be handled in the future. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In determining custody, the court<\/span> shall give primary consideration to the best interests of the child. The court<\/span> shall consider and may award joint legal, joint physical, or sole custody<\/span>, and there shall be no presumption<\/span> in favor of any form of custody. The court<\/span> shall assure minor<\/span> children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption<\/span> or inference of law<\/span> in favor of either. The court<\/span> shall give due regard to the primacy of the parent-child relationship but may upon a showing by clear and convincing evidence<\/span> that the best interest of the child would be served thereby award custody or visitation to any other person with a legitimate interest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B1.<\/span> In any case or proceeding involving the custody or visitation of a child, as to a parent, 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

B2.<\/span> In any case or proceeding in which a grandparent has petitioned the court<\/span> for visitation with a minor<\/span> grandchild, and a natural or adoptive parent of the minor<\/span> grandchild is deceased or incapacitated, the grandparent who is related to such deceased or incapacitated parent shall be permitted to introduce evidence of such parent’s consent to visitation with the grandparent, in accordance with the rules of evidence. If the parent’s consent is proven by a preponderance of the evidence<\/span>, the court<\/span> may then determine if grandparent visitation is in the best interest of the minor<\/span> grandchild. For the purposes of this subsection, “incapacitated parent” has the same meaning ascribed to the term “incapacitated person” in § 64.2-2000<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The court<\/span> may order<\/span> that support be paid for any child of the parties. Upon request of either party<\/span>, the court<\/span> may order<\/span> that such support payments be made to a special needs trust or an ABLE savings trust account as defined in § 23.1-700<\/a>. The court<\/span> shall also order<\/span> that support will continue to be paid for any 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 party<\/span> seeking or receiving child support until such child reaches the age of 19 or graduates from high school, whichever first occurs. 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 seeking or receiving child support. In addition, the court<\/span> may confirm a stipulation<\/span> or agreement of the parties which extends a support obligation beyond when it would otherwise terminate as provided by law<\/span>. The court<\/span> shall have no authority to decree<\/span> support of children payable by the estate of a deceased party<\/span>. The court<\/span> may make such further decree<\/span> as it shall deem expedient concerning support of the minor<\/span> children, including an order<\/span> that either party<\/span> or both parties provide health care coverage or cash medical support, or both. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In any case in which custody or visitation of minor<\/span> children is at issue<\/span>, whether in a circuit<\/span> or district court<\/span>, the court<\/span> may order<\/span> an independent mental health or psychological evaluation to assist the court<\/span> in its determination of the best interests of the child. The court<\/span> may enter such order<\/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

E.<\/span> The court shall have the continuing authority and jurisdiction<\/span> to make any additional orders<\/span> necessary to effectuate and enforce any order<\/span> entered pursuant to this section or § 20-103<\/a> including the authority to punish as contempt of court<\/span> any willful failure of a party<\/span> to comply with the provisions of the order<\/span>. A parent or other person having legal custody of a child may petition<\/span> the court to enjoin and the court may enter an order<\/span> to enjoin a parent of the child from filing a petition<\/span> relating to custody and visitation of that child for any period of time up to 10 years if doing so is in the best interests of the child and such parent has been convicted of an offense<\/span> under the laws<\/span> of the Commonwealth or a substantially similar law<\/span> of another state, the United States, or any foreign jurisdiction<\/span> which constitutes (i) murder<\/span> or voluntary manslaughter<\/span>, or a felony<\/span> attempt, conspiracy or solicitation to commit any such offense<\/span>, if the victim of the offense<\/span> was a child of the parent, a child with whom the parent resided at the time the offense<\/span> occurred, or the other parent of the child, or (ii) felony<\/span> assault<\/span> resulting in serious bodily injury, felony<\/span> bodily wounding resulting in serious bodily injury, or felony<\/span> sexual assault<\/span>, if the victim of the offense<\/span> was a child of the parent or a child with whom the parent resided at the time of the offense<\/span>. When such a petition<\/span> to enjoin the filing of a petition<\/span> for custody and visitation is filed, the court shall appoint a guardian ad litem<\/span> for the child pursuant to § 16.1-266<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In any custody 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 or § 20-103<\/a>, the court shall order<\/span> a party<\/span> to such case or proceeding to provide a copy of such custody 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 or visitation order<\/span>.\n\t\t\tIf a custody determination affects the school enrollment of the child subject to such custody order<\/span> and prohibits a party<\/span> from picking the child up from school, the court shall order<\/span> a party<\/span> to provide a copy of such custody 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 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 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 determines that a party<\/span> is unable to deliver the custody or visitation order<\/span> to the school, such party<\/span> shall provide the court with the name of the principal and address of the school, and the court 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 or visitation order<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOURT-ORDERED CUSTODY AND VISITATION ARRANGEMENTS (\u00a7 20-124.2)\n\nA. In any case in which custody or visitation of minor children is at issue,\nwhether in a circuit or district court, the court shall provide prompt\nadjudication, upon due consideration of all the facts, of custody and visitation\narrangements, including support and maintenance for the children, prior to other\nconsiderations arising in the matter. The court may enter an order pending the\nsuit as provided in § 20-103. The procedures for determining custody and\nvisitation arrangements shall insofar as practical, and consistent with the ends\nof justice, preserve the dignity and resources of family members. Mediation\nshall be used as an alternative to litigation where appropriate. When mediation\nis used in custody and visitation matters, the goals may include development of\na proposal addressing the child’s residential schedule and care\narrangements, and how disputes between the parents will be handled in the\nfuture.\n\nB. In determining custody, the court shall give primary consideration to the\nbest interests of the child. The court shall consider and may award joint legal,\njoint physical, or sole custody, and there shall be no presumption in favor of\nany form of custody. The court shall assure minor children of frequent and\ncontinuing contact with both parents, when appropriate, and encourage parents to\nshare in the responsibilities of rearing their children. As between the parents,\nthere shall be no presumption or inference of law in favor of either. The court\nshall give due regard to the primacy of the parent-child relationship but may\nupon a showing by clear and convincing evidence that the best interest of the\nchild would be served thereby award custody or visitation to any other person\nwith a legitimate interest.\n\nB1. 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\nB2. In any case or proceeding in which a grandparent has petitioned the court\nfor visitation with a minor grandchild, and a natural or adoptive parent of the\nminor grandchild is deceased or incapacitated, the grandparent who is related to\nsuch deceased or incapacitated parent shall be permitted to introduce evidence\nof such parent’s consent to visitation with the grandparent, in accordance\nwith the rules of evidence. If the parent’s consent is proven by a\npreponderance of the evidence, the court may then determine if grandparent\nvisitation is in the best interest of the minor grandchild. For the purposes of\nthis subsection, “incapacitated parent” has the same meaning\nascribed to the term “incapacitated person” in § 64.2-2000.\n\nC. The court may order that support be paid for any child of the parties. Upon\nrequest of either party, the court may order that such support payments be made\nto a special needs trust or an ABLE savings trust account as defined in §\n23.1-700. The court shall also order that support will continue to be paid for\nany child over the age of 18 who is (i) a full-time high school student, (ii)\nnot self-supporting, and (iii) living in the home of the party seeking or\nreceiving child support until such child reaches the age of 19 or graduates from\nhigh school, whichever first occurs. The court may also order that support be\npaid or continue to be paid for any child over the age of 18 who is (a) severely\nand permanently mentally or physically disabled, and such disability existed\nprior to the child reaching the age of 18 or the age of 19 if the child met the\nrequirements of clauses (i), (ii), and (iii); (b) unable to live independently\nand support himself; and (c) residing in the home of the parent seeking or\nreceiving child support. In addition, the court may confirm a stipulation or\nagreement of the parties which extends a support obligation beyond when it would\notherwise terminate as provided by law. The court shall have no authority to\ndecree support of children payable by the estate of a deceased party. The court\nmay make such further decree as it shall deem expedient concerning support of\nthe minor children, including an order that either party or both parties provide\nhealth care coverage or cash medical support, or both.\n\nD. In any case in which custody or visitation of minor children is at issue,\nwhether in a circuit or district court, the court may order an independent\nmental health or psychological evaluation to assist the court in its\ndetermination of the best interests of the child. The court may enter such order\nas it deems appropriate for the payment of the costs of the evaluation by the\nparties.\n\nE. The court shall have the continuing authority and jurisdiction to make any\nadditional orders necessary to effectuate and enforce any order entered pursuant\nto this section or § 20-103 including the authority to punish as contempt\nof court any willful failure of a party to comply with the provisions of the\norder. A parent or other person having legal custody of a child may petition the\ncourt to enjoin and the court may enter an order to enjoin a parent of the child\nfrom filing a petition relating to custody and visitation of that child for any\nperiod of time up to 10 years if doing so is in the best interests of the child\nand such parent has been convicted of an offense under the laws of the\nCommonwealth or a substantially similar law of another state, the United States,\nor any foreign jurisdiction which constitutes (i) murder or voluntary\nmanslaughter, or a felony attempt, conspiracy or solicitation to commit any such\noffense, if the victim of the offense was a child of the parent, a child with\nwhom the parent resided at the time the offense occurred, or the other parent of\nthe child, or (ii) felony assault resulting in serious bodily injury, felony\nbodily wounding resulting in serious bodily injury, or felony sexual assault, if\nthe victim of the offense was a child of the parent or a child with whom the\nparent resided at the time of the offense. When such a petition to enjoin the\nfiling of a petition for custody and visitation is filed, the court shall\nappoint a guardian ad litem for the child pursuant to § 16.1-266.\n\nF. 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 or § 20-103, the court shall order a party to such case or\nproceeding to provide a copy of such custody or visitation order to the school\nat which the child is enrolled within three business days of such party’s\nreceipt of such custody 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: 1994, c. 769; 1996, cc. 767, 879, 884; 1999, c. 574; 2003, c. 520;\n2006, c. 665; 2009, c. 713; 2015, cc. 653, 654; 2017, cc. 46, 95, 509; 2018, c.\n857; 2021, Sp. Sess. I, c. 253.","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}}