Bristow, Virginia · Contested Divorce
More than money, custody is what most often turns a divorce into a fight. When parents cannot agree on where the children live and who decides for them, a Virginia court steps in and decides by one standard: the best interests of the child. Let me explain how that decision is made and what to expect in a contested custody case.
By Alisa Chunephisal, Esq. · Founding Partner, NOVA Legal Professionals
This article is one part of our larger divorce guide. For the full picture, start with our cornerstone, Divorce in Virginia. Here, I will focus on contested custody.
Two kinds of custody
Virginia splits custody into two parts. Legal custody is the right to make major decisions about the child, schooling, health, and religion. Physical custody is where the child actually lives. Each can be sole, held by one parent, or joint, shared between them, and the two do not have to match. Joint legal custody with one parent having primary physical custody is a common arrangement, but it is not automatic.
How the court decides
A judge weighs the best-interests factors in Va. Code § 20-124.3: the child’s age and needs, each parent’s relationship with the child, each parent’s role in raising the child, the ability of each parent to support the child’s relationship with the other, any history of family abuse, and the child’s own preference depending on age and maturity, among others. No single factor wins. The court looks at the whole picture.
A Word About Stability and the Other Parent
Two things tend to matter more than parents expect. Courts favor stability for the child, and they pay close attention to which parent better supports the child’s relationship with the other. Trying to cut the other parent out usually backfires. Using the children as leverage is the fastest way to lose a judge’s trust.
Facing a custody dispute in Bristow?
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The guardian ad litem and evaluations
In a contested custody case, the court can appoint a guardian ad litem, an attorney whose job is to represent the child’s best interests, not either parent’s. The court may also order an evaluation in some cases to get a professional view of the family. These are tools to help the judge see the situation clearly, and how you engage with them matters. For the wider view of a contested case, see our contested divorce page.
Custody can change later
A custody order is not necessarily forever. Courts keep the power to modify custody when there is a material change in circumstances that affects the child, such as a move, a change in a parent’s situation, or the child’s evolving needs. That is different from property division, which is generally final. A Bristow case is filed in the Prince William County Circuit Court, the 31st Judicial Circuit, at the Prince William Judicial Center, 9311 Lee Avenue in Manassas.
“The parent who keeps the children out of the conflict, and supports their bond with the other parent, is usually the parent the court trusts.“
Alisa Chunephisal, Esq. · Founding Partner
Alisa’s Practical Advice
Three habits help in a Bristow custody case. First, keep the children out of the dispute, because nothing damages your position faster than involving them in adult conflict. Second, document your real involvement, the school pickups, the appointments, the daily care, since the court looks at each parent’s actual role. Third, show you will support the children’s relationship with the other parent, because that willingness is one of the factors judges weigh most heavily. Steady, child-focused conduct is your strongest argument.
Put the children first in fact, not just in words. The court is watching how you actually behave.
Authoritative References
Sources
- Code of Virginia, § 20-124.3. Best interests of the child: the factors a court considers in custody and visitation. law.lis.virginia.gov/vacode/title20
- Code of Virginia, § 20-124.2. Court-ordered custody and visitation arrangements, including joint and sole custody. law.lis.virginia.gov/vacode/title20
- Prince William County Circuit Court (31st Judicial Circuit). Divorce and custody filing at the Prince William Judicial Center, serving Bristow. pwcva.gov/department/circuit-court
Statutory rules verified against the current Code of Virginia as of June 2026.
Frequently Asked Questions
How does a court decide custody in Virginia?
By the best interests of the child under Va. Code § 20-124.3. The judge weighs factors like the child’s needs, each parent’s relationship and role, each parent’s willingness to support the child’s bond with the other, any history of family abuse, and the child’s preference depending on age and maturity. No single factor decides it, the court considers the whole picture.
What is the difference between legal and physical custody?
Legal custody is the right to make major decisions about the child, such as schooling, health care, and religion. Physical custody is where the child actually lives day to day. Each can be sole or joint, and they do not have to match, for example, parents may share joint legal custody while one has primary physical custody. The arrangement depends on the family.
What does a guardian ad litem do?
A guardian ad litem is an attorney the court can appoint to represent the child’s best interests, separate from either parent. The guardian meets the family, looks into the situation, and reports to the court. The guardian is not on either parent’s side, so cooperating honestly and keeping the focus on the child is the right approach.
Does the child get to choose where to live?
Not exactly. The child’s preference is one of the factors the court can consider, given reasonable weight depending on the child’s age and maturity, but it does not control the decision. A judge listens to a thoughtful older child more than a young one, yet the final call always rests on the child’s overall best interests, not solely on what the child wants.
Can a custody order be changed later?
Yes. Courts keep the power to modify custody when there is a material change in circumstances that affects the child, such as a relocation, a significant change in a parent’s situation, or the child’s changing needs. Unlike property division, which is generally final, custody can be revisited as the family’s life changes, always measured against the child’s best interests.
When You Are Ready
Let’s build the strongest case for your children in Bristow.
Tell me about your family and what you are worried about, and I will help you understand the factors and present your role clearly. The first call is a conversation, not a commitment.