                                 CODE OF VIRGINIA

CUSTODY OR VISITATION, CHILD OR SPOUSAL SUPPORT GENERALLY (§ 16.1-278.15)

A. In cases involving the custody, visitation or support of a child pursuant to
subdivision A 3 of &#xA7; 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&#8217;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 &#xA7; 20-124.1. The fee charged a party for participation in such
program shall be based on the party&#8217;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 &#xA7; 23.1-700.

B. 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 &#xA7;
16.1-277.02, each of such child&#8217;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 (&#xA7;
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
&#8220;legitimate interest&#8221; 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. 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.

D. 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.

E. 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 (&#xA7; 20-61 et seq.) of Title 20.

F. 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.

G. 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
(&#xA7; 20-124.1 et seq.) of Title 20.

G1. 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 &#8220;parenting
time&#8221; to be synonymous with the term &#8220;visitation.&#8221;

H. 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.

I. 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.

J. 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&#8217;s receipt of such
custody or visitation order.
			If 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&#8217;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&#8217;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.
			If 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.
			Nothing in this section shall be construed to require any school staff to
interpret or enforce the terms of such custody or visitation order.

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.