Virginia Parenting Plan
A Virginia parenting plan sets out legal custody, physical custody, and the visitation schedule two parents ask the court to approve under the best interests of the child, with no presumption in favor of any form of custody. Attorney review available.
Find out where you stand in Virginia
What is your situation with the parenting plan?
DocDraft provides document preparation, not legal advice.
Introduction
In Virginia, where a parenting plan is sometimes called a custody and visitation agreement and custody splits into legal custody and physical custody, a parenting plan is the written document two parents use to set out that custody and time with their children, whether they are divorcing, were never married, or need to change an existing custody order. In Virginia, custody has two parts that can be shared or held by one parent: legal custody, the authority to make decisions concerning the child, and physical custody, the physical and custodial care of the child. The court may award joint legal custody, joint physical custody, any combination of the two, or sole custody, and Virginia defines these terms at Virginia Code Section 20-124.1. In determining custody, a Virginia court gives primary consideration to the best interests of the child, and there is no presumption in favor of any form of custody and no presumption or inference in favor of either parent (Virginia Code Section 20-124.2). The court weighs the best-interest factors listed at Virginia Code Section 20-124.3, and it assures children of frequent and continuing contact with both parents when appropriate. Virginia does not require a separate, standalone statutory parenting plan; custody and visitation are set by a court order, and when parents agree they can submit a written agreement for the court to incorporate once it finds the arrangement is in the child's best interest. DocDraft builds your Virginia parenting plan from your family's schedule, with attorney review available before you submit it to the court.
Key Things to Know
- 1
In Virginia, a parenting plan, or custody and visitation agreement, is the written document in which two parents set out legal and physical custody and time with their children, whether they are divorcing, were never married, or are changing an existing order.
- 2
In Virginia, custody has two parts: legal custody, the authority to make decisions concerning the child, and physical custody, the physical and custodial care of the child, each of which can be joint or sole (Virginia Code Section 20-124.1).
- 3
A Virginia court may award joint legal custody, joint physical custody, any combination of the two, or sole custody, and there is no presumption in favor of any form of custody (Virginia Code Section 20-124.2).
- 4
In determining custody, a Virginia court gives primary consideration to the best interests of the child and weighs the factors listed at Virginia Code Section 20-124.3.
- 5
In Virginia there is no presumption or inference of law in favor of either parent (Virginia Code Section 20-124.2).
- 6
Virginia does not require a separate, standalone statutory parenting plan; custody and visitation are set by a court order, and parents may submit a written agreement for the court to incorporate.
- 7
A Virginia court assures minor children of frequent and continuing contact with both parents when appropriate and encourages parents to share in raising their children (Virginia Code Section 20-124.2).
Key decisions before you file
Before you file a Parenting Plan in Virginia, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.
Open the Parenting Plan guideCustomize your Parenting Plan Template with DocDraft
Virginia Requirements for Parenting Plan
Joint and Sole Custody Defined
In Virginia, joint custody means joint legal custody, where both parents retain joint authority to make decisions concerning the child, joint physical custody, where both parents share physical and custodial care, or any combination the court finds is in the child's best interest. Sole custody means one person has responsibility for the care and control of the child (Code of Virginia Section 20-124.1).
Best Interests Primary Consideration
A Virginia court gives primary consideration to the best interests of the child and may award joint legal, joint physical, or sole custody. There is no presumption in favor of any form of custody and no presumption or inference of law in favor of either parent (Code of Virginia Section 20-124.2).
Best Interest Factors
A Virginia court weighs the best-interest factors listed at Code of Virginia Section 20-124.3, including the age and condition of the child and each parent, the relationship between each parent and the child, the needs of the child, and each parent's propensity to support the child's relationship with the other parent.
Custody Set by Court Order
Virginia does not require a separate, standalone statutory parenting plan. Custody and visitation are set by a court order, and when parents agree they can submit a written agreement for the court to incorporate once it finds the arrangement is in the child's best interest (Code of Virginia Section 20-124.2). A clear written plan still shows the court the arrangement the parents are asking it to adopt.
Legal Custody Decision-Making
Your parenting plan should state whether legal custody is joint or sole and how the parents will make major decisions about the children's education, health care, and religious upbringing. Under joint legal custody in Virginia both parents retain joint authority to make decisions concerning the child, while sole custody places that authority with one parent (Code of Virginia Section 20-124.1).
Physical Custody and Visitation
Your plan should describe physical custody and the visitation schedule: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. In Virginia, joint physical custody means both parents share physical and custodial care of the child (Code of Virginia Section 20-124.1).
Frequent and Continuing Contact
A Virginia court assures minor children of frequent and continuing contact with both parents, when appropriate, and encourages parents to share in the responsibilities of rearing their children (Code of Virginia Section 20-124.2). Your plan should show how both parents will stay involved in the children's lives.
Court Approval
A Virginia parenting plan takes effect only when the court approves it under the best interests of the child (Code of Virginia Sections 20-124.2 and 20-124.3). When the parents agree, the court can incorporate their written agreement into a binding custody and visitation order.