Virginia Judges determine custody of minor (under eighteen) children using the “the best interest of the child” standard. The court may award “joint legal custody” where both parents have a role in making decisions for the child, or “sole legal custody” where one parent is ultimately responsible for making decisions in the child’s best interests.

Factors considered by the court when awarding custody may include the age of the parent and child, the physical and mental condition of each parent and child, the relationship existing between each parent and each child, the needs of the child, the role played by each parent in the upbringing and caring for the child, the home where the child will live and the child’s wishes if the child is of sufficient age, intelligence, and maturity to make such a decision.

Visitation rights will normally be set by the court if the parents cannot voluntarily agree upon satisfactory arrangements.