Legal Custody
Who makes the big decisions: school, medical, religion, and other major life choices for your child.
Decision-MakingMonday - Friday9AM - 5PM
OfficesFairfax | Manassas | Fredericksbug
Child Custody · Virginia
You will always be their parent.
We make sure the law treats you like one.
Virginia decides custody based on what is best for your child, not based on who is mom and who is dad. Knowing the rules, the factors, and the courts is how you protect your time with them. That is what we do.
First call is a conversation, not a commitment.
The Biggest Myth in Virginia Custody
Virginia has no preference between mom and dad. The only question the court asks is what is in the best interests of your child.
10
Best interests factors
the court must consider
the court must consider
Va. Code § 20-124.3
0
Preference between
mothers and fathers
mothers and fathers
Virginia law
Equal
Parental rights when
no court order is in place
no court order is in place
Even if unmarried
50+
Years of combined
experience at the firm
experience at the firm
Across three NoVa offices
Two Kinds of Custody
Virginia divides custody into two pieces.
Every custody case in Virginia answers two separate questions: who makes the big decisions, and where the child lives day to day. Either piece can be joint between both parents or sole to one.
Type 01
Legal Custody
The right to make important decisions for your child.
CoversEducation, medical care, religious upbringing, and other major life choices.
JointBoth parents share the right and the responsibility. This is the most common arrangement.
SoleOne parent has the final say. Less common, usually limited to cases where the parents cannot cooperate.
Day to dayBoth parents handle routine choices when the child is in their care, no matter who has legal custody.
Type 02
Physical Custody
Where the child lives, and the day-to-day care.
CoversThe parenting schedule, visitation, holidays, transitions, and routine care.
Joint / SharedTime is split between both parents, often close to 50/50 when both can cooperate.
Sole / PrimaryOne parent has the child most of the time, with parenting time for the other.
The scheduleBuilt around your work, school, distance, and the age and needs of the child.
The Standard Virginia Uses
The ten best interests factors, in plain English.
Virginia Code § 20-124.3 lists ten factors the court must weigh in every custody case. No single factor decides the case. The court looks at them together, with the child at the center.
01
The Child
The age, physical, and mental condition of the child, including changing developmental needs.
02
The Parents
The age, physical, and mental condition of each parent.
03
The Bond
Each parent's relationship with the child, and how well they meet the child's emotional and physical needs.
04
The Child's World
The child's needs, including relationships with siblings, peers, and extended family.
05
The Role
The role each parent has played, and will play, in raising and caring for the child.
06
Co-Parenting
Each parent's willingness to support the child's contact and relationship with the other parent.
07
Cooperation
Each parent's willingness and ability to cooperate and resolve disputes about the child.
08
The Child's Voice
The child's reasonable preference, if the court finds the child mature enough to express one.
09
Family Safety
Any history of family abuse or sexual abuse, which the court takes seriously.
10
Anything Else
Any other factor the court deems necessary and proper to the determination.
Source: Virginia Code § 20-124.3
Real-World Parenting Schedules
There is no one-size-fits-all schedule.
Every family is different. Here are the schedules we draft most often, with how each one actually works during a typical two-week stretch. Each colored bar represents a day in one parent's care.
Week On / Week Off
50/50One full week with each parent, then switch. Clean and simple, with one transition per week. Best for older kids and parents who live close enough for school.
Parent AParent B
2-2-3 Schedule
50/50Parents alternate two days, then two days, then a three-day weekend. Each parent sees the child several times a week, which is helpful for younger children.
Parent AParent B
3-4-4-3 Schedule
50/50Three days with one parent, four with the other, then four-three the next week. Consistent weekly rhythm and a smaller number of transitions than 2-2-3.
Parent AParent B
Every Other Weekend
70/30One parent is primary during the school week. The other parent has every other Friday through Sunday, often with one weeknight added.
Parent AParent B
Extended Weekend
60/40The non-primary parent gets longer weekends (Thursday or Friday through Monday) every other week. A common middle ground when 50/50 is not practical.
Parent AParent B
School Year + Summer
Long DistanceOne parent during the school year, the other for most of the summer plus school breaks. Built for families separated by distance, with frequent calls and visits between.
School Year ParentSummer Parent
Read This Before Anything Else
What helps your case, and what hurts it.
Judges, custody evaluators, and Guardians ad Litem are watching everything. Here is what tends to help, and what tends to hurt, based on what we see in Northern Virginia courtrooms.
+ Helps your case
Things that move the needle in your favor
- Meeting your child's emotional, physical, and educational needs every day
- Encouraging your child's relationship with the other parent
- Being consistent, reliable, and on time for every exchange
- Cooperating on schedules, school decisions, and medical care
- Documenting your involvement: appointments, activities, school events
- Following every existing order, even the parts you disagree with
− Hurts your case
Things that can quietly cost you time with your child
- Talking badly about the other parent in front of your child
- Using your child as a messenger between adults
- Refusing to follow a court order, even one you think is unfair
- Substance abuse or anything close to it
- Venting on social media. Screenshots end up in court
- Withholding the child from the other parent without a real reason
What We Handle
Every part of a Virginia custody case.
From the first parenting plan to a contested modification, here is the work we take on, grouped to make it easier to find what fits your situation.
01 /
Custody types and arrangements.
Physical Custody
Where your child lives, who provides the daily care, and how parenting time is split between you.
Day-to-Day CareJoint Custody
Both parents share responsibility, either for decisions, for time with the child, or both. The most common Virginia arrangement.
Shared by BothSole Custody
One parent has primary authority. Reserved for cases of abuse, neglect, or when parents cannot cooperate at all.
Limited CasesParenting Plans
A written schedule covering school weeks, weekends, holidays, vacations, exchanges, and how the two of you will communicate.
Detailed SchedulesShared/50-50 Schedules
Equal or near-equal time with both parents, structured to fit work, school, and the age of your child.
Equal Parenting Time
02 /
When something needs to change.
Custody Modifications
Life changes. We petition to modify when there has been a material change in circumstances that affects your child.
Material Change StandardCustody Mediation
When agreement is possible, mediation can save your family the cost and damage of a trial. We prepare you to make it work.
Out of CourtGuardians ad Litem
In contested cases, a GAL may be appointed to represent your child. We help you understand the process and make a strong impression.
Court-AppointedRelocation
One parent wants to move with the child. We handle the notice, the standard, and the court fight when it cannot be avoided.
Move-Away CasesEmergency Custody
When a child is in immediate danger, courts can issue emergency orders quickly. We move fast when you need it.
Urgent OrdersOut-of-State Custody
The UCCJEA controls which state decides custody when families cross state lines. We sort out jurisdiction before we sort out anything else.
UCCJEA
Alisa Chunephisal, Esq.
Family Law Attorney
Attorney Insights
A few honest things about custody cases.
"No judge will ever know your child the way you do. So your job in court is to give them a clear, honest picture of the life you have built around your kid."
-
1
Document everything, quietly
Doctor visits, school events, homework help, dinners, weekends, transitions. Not for a fight. For a record. When custody is contested, that record tells a story words alone cannot.
-
2
Co-parenting in front of a judge is one of the ten factors
Factor six in Virginia Code § 20-124.3 is your willingness to support your child's relationship with the other parent. Acting on that one factor every day quietly strengthens your case.
-
3
The status quo carries weight
Once a schedule is in place, courts are slow to change it without a clear reason. That cuts both ways. We help you set the right schedule from day one, and we move quickly when one needs to change.
Why Families Trust Us
Built on experience, expertise, and a real track record.
Custody is the case you cannot afford to learn on. Here is what we bring to yours.
Experience
50+
Years Combined
Decades of Virginia custody work across the Northern Virginia courts.
Expertise
100%
Family Law Focus
We work the ten factors every day. The statutes, the judges, the procedures.
Authority
AV
Preeminent Rated
Martindale-Hubbell AV Preeminent, Super Lawyers, Avvo 10.0, and Best of the Best honors.
Trust
5★
Verified Reviews
Real reviews from real Virginia parents we have stood beside in court.
Recognition
Honored by clients and peers, year after year.
★★★★★
"She was responsive when I needed a response and looked out for my best interests. She was direct about how the process would go. I have already recommended her to friends."
Verified Client Review
In Their Own Words
Reviews from parents we have stood beside.
Read what families across Northern Virginia have shared about working with our attorneys.
Questions Parents Actually Ask
Plain answers about Virginia custody.
These are the questions we hear on a first call. If you have a different one, we are happy to answer it directly.
Have a specific question?
Call 571.260.0999 or send us a message.
How is child custody decided in Virginia?
Virginia courts decide custody based on what is in the best interests of the child, weighing ten factors set out in Virginia Code § 20-124.3. These include the child's age and condition, each parent's role and relationship with the child, each parent's willingness to support the child's relationship with the other parent, the child's reasonable preference if mature enough, and any history of family abuse. There is no preference between mothers and fathers.
What is the difference between legal and physical custody?
Legal custody is the right to make important decisions for your child, including education, medical care, and religious upbringing. Physical custody is where the child lives and the day-to-day care of the child, also called parenting time or visitation. Both can be joint (shared by both parents) or sole (one parent only). Joint legal custody with a shared parenting schedule is the most common arrangement in Virginia when parents can cooperate.
Can a child choose which parent to live with in Virginia?
There is no specific age in Virginia at which a child can choose where to live. A child's reasonable preference is one of the ten factors the court considers under Va. Code § 20-124.3, and only if the court finds the child mature enough to form and express a preference. The child's voice is heard, but it is never the only factor, and rarely the deciding one on its own.
How do you modify a custody order in Virginia?
A custody order can be modified by agreement between the parents, or by court order when there has been a material change in circumstances since the last order. New facts must have arisen that affect the child's circumstances. The court then re-examines the case under the best interests standard. The status quo carries weight, so a clear and meaningful change is needed.
Does Virginia favor mothers in custody cases?
No. Virginia law has no preference between mothers and fathers. The court applies the ten best interests factors in Virginia Code § 20-124.3 to every case. Either parent can be awarded primary physical custody when that arrangement is in the child's best interests.
When You Are Ready
Your kids come first. So does our work.
Tell us about your family and what you are trying to protect. A first conversation costs nothing and clears up more than you might expect. Three offices across Northern Virginia, one phone number.