How to modify child custody and parenting time in Virginia

Sources last checked 7 November 2026. Information only, not legal advice. This page rests on the text of Virginia Code sections 20-108 (revision of decrees), 20-124.2 (custody and visitation arrangements) and 20-124.3 (best interests of the child), as published by the Virginia Code Commission on law.lis.virginia.gov, and on the Virginia court system’s form DC-630. Virginia’s statutes say “visitation”, and section 20-124.2 lets a court use “parenting time” as a synonym. Read what we could not confirm below.

Virginia divorce kit Child custody in Virginia Modifying child support and spousal support in Virginia After your divorce: changing a support or custody order

The short version

Virginia’s statute sets one broad test for changing custody: the court may revise and alter a decree about care, custody and maintenance of the children “as the circumstances of the parents and the benefit of the children may require”. The petition must “set forth the reasons for the relief sought”. Once the court is deciding, section 20-124.2 says the court gives primary consideration to the child’s best interests, with no presumption for any form of custody and none for either parent, and section 20-124.3 lists the ten factors it considers. The statute does not spell out a two-step change-in-circumstances test in these words; see what we could not confirm. For changing child support or spousal support instead, see modifying child support and spousal support in Virginia.

Who can ask, and what the petition must say

Who, section 20-108. The court may act “on petition of either of the parents”, on its own motion, or on petition of any probation officer or the Department of Social Services.
What the petition must contain. The petition “shall set forth the reasons for the relief sought”. Spell out what has changed and what schedule or arrangement you want.
What the court can change. It may revise and alter the decree “concerning the care, custody, and maintenance of the children” and make a new decree on the same subjects.
Withholding visitation. The statute says the intentional withholding of visitation of a child from the other parent “without just cause” may be a material change of circumstances. That can justify a change of custody, but only “in the discretion of the court”.
Military deployment. A member of the armed forces (including the National Guard and reserve components) who files or is party to a petition about custody, visitation or support based on a change of circumstances due to a parent’s deployment is entitled to have the petition expedited on the docket.

How the court decides: best interests

The standard, 20-124.2(B). The court “shall give primary consideration to the best interests of the child”. It may award joint legal, joint physical or sole custody, “and there shall be no presumption in favor of any form of custody”.
No preference for either parent. As between the parents there is “no presumption or inference of law in favor of either”. The court is to assure children of “frequent and continuing contact with both parents, when appropriate”.
Others with a legitimate interest. The court gives due regard to the primacy of the parent-child relationship, but on clear and convincing evidence that it serves the child’s best interest it may award custody or visitation to another person with a legitimate interest.
Lawful substances. A person’s legal possession or consumption of substances authorized under Title 4.1 or Chapter 34 of Title 54.1 “alone shall not serve as a basis to restrict custody or visitation” unless other facts show it is not in the child’s best interest.
Prompt hearing and mediation, 20-124.2(A). The court is to provide “prompt adjudication” of custody and visitation, and mediation “shall be used as an alternative to litigation where appropriate”.
Evaluations, 20-124.2(D). The court may order a custody evaluation or an independent mental health or psychological evaluation, and may decide how the parties pay for it.
The ten factors, 20-124.3. The court considers: (1) the child’s age, physical and mental condition and changing developmental needs; (2) each parent’s age and physical and mental condition; (3) each parent’s relationship with each child, including positive involvement and ability to meet the child’s emotional, intellectual and physical needs; (4) the child’s needs, including relationships with siblings, peers and extended family; (5) the role each parent has played and will play in the child’s upbringing and care; (6) each parent’s propensity to actively support the child’s relationship with the other parent, including whether a parent “has unreasonably denied the other parent access”; (7) each parent’s willingness and demonstrated ability to maintain a close and continuing relationship and to cooperate and resolve disputes; (8) the reasonable preference of the child, if the court finds the child of reasonable intelligence, understanding, age and experience; (9) any history of family abuse, sexual abuse, child abuse, or an act of violence, force or threat that occurred no earlier than 10 years before the petition; and (10) other factors the court deems necessary and proper.
Abuse and factor 6. If the court finds a history or act under factor 9, it “may disregard the factors in subdivision 6”, the factor about supporting the other parent’s contact.
Findings. The judge “shall communicate to the parties the basis of the decision” orally or in writing. Except in consent orders, that communication must set out findings on the relevant factors.
Exchanges. At either party’s request, the court may order that the exchange of a child take place at an appropriate meeting place.

After the order

Continuing authority, 20-124.2(E). The court has continuing authority to make additional orders needed to carry out its custody order, including punishing as contempt “any willful failure” to comply.
School copies, 20-124.2(F). If an order prohibits a party from picking the child up from school, the court shall order a party to give the school a copy within three business days of receiving the order. The party must do the same again if the child changes schools. The statute does not require school staff to interpret or enforce the order.
Support in the same case. Section 20-124.2(C) lets the court order child support and decide health care coverage, and section 20-108 says no support order may be retroactively modified. See modifying child support and spousal support in Virginia.

Forms and filing

Motion to Amend or Review Order, DC-630 (10/23 front, 10/21 reverse). It is a Virginia court form with check boxes for General District Court and Juvenile and Domestic Relations District Court. It asks for the case number, the name of the child, the person filing and the other party with addresses and telephone numbers, the date of the order, the court that entered it, and what the order requires. It then asks for the requested changes and the reasons, with a place for the printed name, date and signature of the person filing.
Notice and service. The form has a notice section for the hearing date and time, completed by the clerk, and a service section for the serving officer covering personal service, delivery to a family member of age 16 or older, posting, or “not found”.
Not every order is the same. The form refers to a request for a hearing on modifications proposed by the Department of Social Services, so it is written with support cases in mind. We did not find the form’s own instructions saying it is the right form for a custody change in every court.
Where to file. Your decree was entered by a particular court, and the form asks which court. Ask the clerk of that court which court hears a custody change and what it expects, including any parenting plan; see child custody in Virginia.

What we could not confirm

The change-in-circumstances test. Section 20-108 says “as the circumstances of the parents and the benefit of the children may require” and calls withholding visitation a possible “material change of circumstances”. We read no Virginia appellate decision, so we cannot say how courts state or apply the standard, or whether a change must be shown before best interests are reached.
Statute currency. We read the Virginia Code Commission’s pages for sections 20-108, 20-124.2 and 20-124.3 on 7 November 2026. Section 20-124.2 shows an amendment history that ends in 2026. We did not compare it with session laws or check for later changes.
Parts we summarized or skipped. Section 20-124.2 has parts we did not set out, including the grandparent-visitation provisions in subsection B2, the support provisions in subsection C, and the power in subsection E to enjoin a parent from filing after certain convictions. We read none of the related sections on relocation, mediation, the Uniform Child-Custody Jurisdiction and Enforcement Act or protective orders.
Forms and fees. We read form DC-630 only. We did not confirm a Virginia statewide custody-modification petition form, a statewide parenting-plan form, filing fees or fee waivers. We did not read the form’s instructions or the court manuals.
Courts and procedure. We did not confirm which court (circuit or juvenile and domestic relations district court) hears a given custody change, or any local rule, so ask the clerk.

Spot something out of date? See our corrections or email hello@thecusp.app.