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Practice Areas

Divorce / Separation

Uncontested Divorce

Military Divorce

Child Custody

Estate Planning

Book APPOINTMENT NOW!

What Is Child Custody Law in Virginia?

Child custody law governs the legal rights and responsibilities of parents or guardians regarding the care, supervision, upbringing, and decision-making authority for a minor child.

In Virginia, custody matters commonly arise in situations such as:

  • Divorce cases involving minor children
  • Custody disputes between unmarried parents
  • Petitions involving parental unfitness or safety concerns
  • Relocation cases (out-of-state or long-distance moves)
  • Modifications of existing custody or visitation orders
  • Third-party custody cases involving grandparents or other relatives

Custody is not limited to biological parents. Virginia courts may grant custody or visitation rights to grandparents, relatives, foster parents, or other third parties when doing so serves the child’s best interests.

Related reading: Understanding Child Custody Law in Virginia

Client intake sheet – Download

Types of Child Custody in Virginia

Virginia law recognizes two primary forms of custody, each of which can be awarded jointly or solely.

Legal Custody

Legal custody refers to the authority to make major decisions affecting a child’s life, including:

  • Education and schooling
  • Medical care and health decisions
  • Religious upbringing
  • General welfare and development

Parents with joint legal custody must communicate and cooperate when making these decisions. Courts expect meaningful collaboration—not just passive agreement.

Sole legal custody may be granted when cooperation is not feasible or when one parent has demonstrated an inability to act in the child’s best interests.

Physical Custody

Physical custody determines where the child lives and who is responsible for daily care.

  • Joint physical custody: The child spends significant time with both parents
  • Sole physical custody: The child primarily lives with one parent, while the other has visitation

Virginia does not require equal parenting time for joint custody. Parenting schedules are tailored to the child’s needs, school schedule, parental work obligations, and geographic considerations.

Related reading: Co-Parenting Tips After a Custody Agreement is Finalized

How Virginia Beach Courts Decide Child Custody

Virginia courts decide custody cases based on the “best interests of the child” standard under Virginia Code § 20-124.3.

Judges consider multiple factors, including:

  • The child’s age, physical condition, and emotional needs
  • Each parent’s ability to meet those needs
  • The relationship between the child and each parent
  • Each parent’s role in past caregiving
  • Willingness to support the child’s relationship with the other parent
  • Any history of domestic violence, abuse, or substance abuse
  • Reasonable preference of the child (depending on age and maturity)

Virginia Beach JDR Court vs. Circuit Court

Virginia Beach JDR Court handles:

  • Custody and visitation cases involving unmarried parents
  • Child support matters
  • Protective orders and family abuse cases

Virginia Beach Circuit Court handles:

  • Custody cases connected to divorce
  • Appeals from JDR Court
  • Complex custody disputes involving property or relocation

Understanding which court has jurisdiction is crucial. Filing in the wrong court can delay your case or hurt your position.

Related reading: What Can I Expect at My Custody Hearing?

Custody for Unmarried Parents in Virginia Beach

Unmarried mothers are automatically granted custody at birth. Fathers must establish legal paternity before asserting custody or visitation rights.

This can be done through:

  • Voluntary Acknowledgment of Paternity
  • Court-ordered DNA testing
  • Paternity actions filed in JDR Court

Once paternity is established, fathers have the same custody rights as married parents.

Modifying a Child Custody Order

Custody orders are not permanent. Virginia courts allow modifications when there has been a material change in circumstances and the change serves the child’s best interests.

Common reasons for modification include:

  • Parental relocation
  • Changes in work schedules
  • Substance abuse or safety concerns
  • Child’s evolving needs
  • Failure to comply with existing orders

Related reading: Signs It’s Time to Modify Your Child Custody Agreement

Enforcement of Custody and Visitation Orders

When one parent violates a custody or visitation order, the other parent may seek enforcement through the court.

Enforcement remedies may include:

  • Contempt of court
  • Make-up parenting time
  • Fines or attorney’s fees
  • Modification of custody

Virginia Beach courts take violations seriously—especially when they harm the child’s stability.

Why Hire a Virginia Beach Child Custody Lawyer?

Child custody cases are emotionally charged and legally complex. An experienced local attorney can:

  • Prepare and file custody petitions
  • Represent you in JDR or Circuit Court
  • Present evidence aligned with statutory factors
  • Negotiate parenting agreements
  • Protect your parental rights

Local knowledge of Virginia Beach judges, court staff, and procedures can provide a strategic advantage.

Frequently Asked Questions (FAQs)

How does Virginia decide child custody?

Virginia courts decide custody based on the child’s best interests, considering statutory factors under Virginia law.

Can custody orders be changed later?

Yes. Custody orders can be modified if circumstances change and modification benefits the child.

Does Virginia favor mothers over fathers?

No. Virginia law is gender-neutral and evaluates each parent equally.

Can grandparents get custody or visitation?

Yes, in limited circumstances when it serves the child’s best interests.

Which court handles child custody in Virginia Beach?

JDR Court handles most custody cases; Circuit Court handles divorce-related and appealed cases.

What Is Child Custody Law in Virginia?

Child custody law governs the legal rights and responsibilities of parents or guardians regarding the care, supervision, upbringing, and decision-making authority for a minor child.

In Virginia, custody matters commonly arise in situations such as:

  • Divorce cases involving minor children
  • Custody disputes between unmarried parents
  • Petitions involving parental unfitness or safety concerns
  • Relocation cases (out-of-state or long-distance moves)
  • Modifications of existing custody or visitation orders
  • Third-party custody cases involving grandparents or other relatives

Custody is not limited to biological parents. Virginia courts may grant custody or visitation rights to grandparents, relatives, foster parents, or other third parties when doing so serves the child’s best interests.

Related reading: Understanding Child Custody Law in Virginia

Client intake sheet – Download

Types of Child Custody in Virginia

Virginia law recognizes two primary forms of custody, each of which can be awarded jointly or solely.

Legal Custody

Legal custody refers to the authority to make major decisions affecting a child’s life, including:

  • Education and schooling
  • Medical care and health decisions
  • Religious upbringing
  • General welfare and development

Parents with joint legal custody must communicate and cooperate when making these decisions. Courts expect meaningful collaboration—not just passive agreement.

Sole legal custody may be granted when cooperation is not feasible or when one parent has demonstrated an inability to act in the child’s best interests.

Physical Custody

Physical custody determines where the child lives and who is responsible for daily care.

  • Joint physical custody: The child spends significant time with both parents
  • Sole physical custody: The child primarily lives with one parent, while the other has visitation

Virginia does not require equal parenting time for joint custody. Parenting schedules are tailored to the child’s needs, school schedule, parental work obligations, and geographic considerations.

Related reading: Co-Parenting Tips After a Custody Agreement is Finalized

How Virginia Beach Courts Decide Child Custody

Virginia courts decide custody cases based on the “best interests of the child” standard under Virginia Code § 20-124.3.

Judges consider multiple factors, including:

  • The child’s age, physical condition, and emotional needs
  • Each parent’s ability to meet those needs
  • The relationship between the child and each parent
  • Each parent’s role in past caregiving
  • Willingness to support the child’s relationship with the other parent
  • Any history of domestic violence, abuse, or substance abuse
  • Reasonable preference of the child (depending on age and maturity)

Virginia Beach JDR Court vs. Circuit Court

Virginia Beach JDR Court handles:

  • Custody and visitation cases involving unmarried parents
  • Child support matters
  • Protective orders and family abuse cases

Virginia Beach Circuit Court handles:

  • Custody cases connected to divorce
  • Appeals from JDR Court
  • Complex custody disputes involving property or relocation

Understanding which court has jurisdiction is crucial. Filing in the wrong court can delay your case or hurt your position.

Related reading: What Can I Expect at My Custody Hearing?

Custody for Unmarried Parents in Virginia Beach

Unmarried mothers are automatically granted custody at birth. Fathers must establish legal paternity before asserting custody or visitation rights.

This can be done through:

  • Voluntary Acknowledgment of Paternity
  • Court-ordered DNA testing
  • Paternity actions filed in JDR Court

Once paternity is established, fathers have the same custody rights as married parents.

Modifying a Child Custody Order

Custody orders are not permanent. Virginia courts allow modifications when there has been a material change in circumstances and the change serves the child’s best interests.

Common reasons for modification include:

  • Parental relocation
  • Changes in work schedules
  • Substance abuse or safety concerns
  • Child’s evolving needs
  • Failure to comply with existing orders

Related reading: Signs It’s Time to Modify Your Child Custody Agreement

Enforcement of Custody and Visitation Orders

When one parent violates a custody or visitation order, the other parent may seek enforcement through the court.

Enforcement remedies may include:

  • Contempt of court
  • Make-up parenting time
  • Fines or attorney’s fees
  • Modification of custody

Virginia Beach courts take violations seriously—especially when they harm the child’s stability.

Why Hire a Virginia Beach Child Custody Lawyer?

Child custody cases are emotionally charged and legally complex. An experienced local attorney can:

  • Prepare and file custody petitions
  • Represent you in JDR or Circuit Court
  • Present evidence aligned with statutory factors
  • Negotiate parenting agreements
  • Protect your parental rights

Local knowledge of Virginia Beach judges, court staff, and procedures can provide a strategic advantage.

Frequently Asked Questions (FAQs)

How does Virginia decide child custody?

Virginia courts decide custody based on the child’s best interests, considering statutory factors under Virginia law.

Can custody orders be changed later?

Yes. Custody orders can be modified if circumstances change and modification benefits the child.

Does Virginia favor mothers over fathers?

No. Virginia law is gender-neutral and evaluates each parent equally.

Can grandparents get custody or visitation?

Yes, in limited circumstances when it serves the child’s best interests.

Which court handles child custody in Virginia Beach?

JDR Court handles most custody cases; Circuit Court handles divorce-related and appealed cases.

Practice Areas

Divorce / Separation

Uncontested Divorce

Military Divorce

Child Custody

Estate Planning

Book APPOINTMENT NOW!
Chad Brannon
Ms. Wood has represented me on several cases. Her response time is very quick and she does not waste my time. Having Ms. Wood by my side in the courtroom made me feel heard and secure. Court is typically not a positive thing, but Ms. Wood handles business with confidence and proffesinalism. Highly recommend to anyone in the Hampton roads area!!
JUDY HANNA
Liz did a great job helping me with my situation. Very responsive and she explained what was happening every step of the way. Highly recommended.
Response from the owner:Judy, thank you reviewing us! We here are Wood Hanna Law are committed to making sure we treat every client with excellence and I am glad to hear that you experienced that.
Julie Hunter
I can’t recommend Elizabeth Wood enough. During my divorce, she was not only a skilled advocate but also incredibly kind and considerate. She took the time to understand my concerns and built a plan that prioritized my best interests. If you're looking for a lawyer who is both straightforward and compassionate, Elizabeth is the one to call."
Response from the owner:Julie, thank you so much for your kind review! I am so glad that we were able to help you through your divorce. We know that divorce can be challenging and are so happy that you chose Wood Hanna Law for your legal needs.
thebu383
Simply the best. There is no one else.

I came to Liz after working with four other lawyers. Some I parted ways with, others parted ways with me, and one had a family emergency where we mutually agreed to move on. Before choosing her, I interviewed ten different attorneys and firms at considerable expense because I wanted to make sure I had the right person.

Liz is the real deal. She is easy to talk to, straightforward, and does not sugarcoat things. She explains everything clearly without talking over you or being dismissive. Even though we were dealing with serious issues, I always felt comfortable and confident in her ability to handle everything.

Over the course of nearly two years, I dealt with multiple arrests, several PPOs, a PPO violation, a request to modify a protective order, foreclosure, and a range of other complex issues. Liz handled all of it and successfully worked through complications left behind by previous attorneys. All charges were dismissed, along with the PPOs and alleged violation.

Going to court is stressful, especially when you do not know what to expect, but I always trusted Liz. After almost two years of legal challenges, I am now divorced, have 50/50 custody of my children, retained my retirement, and do not pay child support.

Beyond her legal skill, Liz made a difficult process much easier to navigate. She is responsive, accessible, and genuinely cares. Being able to communicate directly with her made a huge difference.

I would recommend Liz to anyone without hesitation. As I move forward in life, I will absolutely keep her on retainer.
Response from the owner:Derek, thank you so much for choosing Wood Hanna Law for your divorce needs! This was such a thorough review and really hammers home the difficulties that one faces in a divorce, particularly one involving custody. Thanks again for the review!
David E. Flanagan, Jr.
Elizabeth Wood Hanna is an exceptional attorney. She handled a very sensitive and high-stakes situation for my family with professionalism, clarity, and complete control from start to finish.

Her communication was direct, her strategy was sound, and her courtroom presence was exactly what you want when everything is on the line. The outcome exceeded expectations, and I’m incredibly grateful for how she guided us through the entire process.

If you need someone who is experienced, steady under pressure, and truly knows how to get results, I would not hesitate to recommend Elizabeth.
Response from the owner:Dave, thank you so much for trusting us with your family law matter! We here at Wood Hanna Law strive to provide you a real helping hand during a sensitive time.
Adam Copenhaver
Professional, responsive, and truly cared about my case. Liz's guidance during a stressful time made a huge difference, and I’m very grateful for her help. Highly recommend.
Response from the owner:Thank you so much for trusting our team in Virginia Beach with your case! We at Wood Hanna Law know that these can be some of the most stressful times in your life. Glad we were able to support you through it.
Wayne Parker
Ms Woods was very professional, patient and thorough with my divorce proceedings. It was a slow process (due to me and my ex not her) but through the whole process she was on it. Highly recommended.
Response from the owner:Thank you so much for your kind words! I am so glad we were able to help you at Wood Hanna Law! Divorce can be an extremely difficult process and I'm happy we navigated you through it.
Forrest Sewer Pump Service
She was wonderful. Answered all of my million and one questions every time! Made the process quick and easy.
Response from the owner:Thank you so much for providing this review! I always try to talk everyone through the process as it is definitely a marathon, not a sprint. Thanks for trusting Wood Hanna Law!
Tonya Ricks
Elizabeth is very professional yet caring and easy to talk to. Elizabeth never made me feel that my questions and concerns were an annoyance and was always quick to respond. I highly recommend Elizabeth Hannah-Wood.
Response from the owner:Thank you Tonya for your thoughtful review. Family law is a tricky area to navigate and I'm glad our team in Virginia Beach could get you through it.
Parwinder Kaur
I am extremely grateful for the support and guidance I received throughout my divorce process. From the very beginning, Ms. Wood was professional, knowledgeable, and compassionate during a very difficult time in my life. All of the legal time was very helpful and communicative. Every step was clearly explained, my questions were always answered promptly, and I felt confident knowing my case was in capable hands. I highly recommend this lawyer to anyone seeking reliable and honest legal representation in family law matters.
Response from the owner:Thank you so much for choosing Wood Hanna Law to help you through that difficult time! A divorce is nothing to joke about. I'm happy that we got you through it!
David Knickerbocker
Protector of Children
Exceptional Representation in a High-Conflict Custody Case

I cannot recommend Liz highly enough. I came to her with a sensitive custody matter involving significant safety concerns for my child. From day one, Liz understood my priority was not about 'winning,' but ensuring the long-term safety and stability.

She navigated this situation with an unpredictable opposing party with absolute professionalism and grit. She didn't let the case get derailed by drama; she kept the focus strictly on the facts and the law. Thanks to her diligence, we secured a Final Permanent Order focusing on keeping my son safe. She gave my family peace of mind after a very long road.

If you are a parent fighting for your child's best interest, Elizabeth is the advocate you need. She went above and beyond at every turn.

Thank you and your team for all you've done.
10+ Stars😉
Response from the owner:I appreciate you reviewing me so kindly! Here at Wood Hanna Law we take child custody cases as seriously as you do.
Kenneth Wisehart
She was very knowledgeable in everything she did. She knew what things needed to be covered so that there were no issues when the divorce went before the judge. Other than the time frame being a bit lengthy from start to finish, she was very good and thorough and got us through court quickly and with no issues.
Response from the owner:Thank you for your kind words! My team and I here at Wood Hanna Law strive for excellence!
Aster Nadine Bagtas
Liz was so amazing to work with and made the whole process so easy and smooth. This is always a hard situation to go through for anyone, but she walked me through everything and helped me understand the process better which ultimately gave me peace of mind. Everything was done so quickly and efficiently!
Response from the owner:Thank you, Aster. We truly appreciate your kind words. We’re glad Liz and the team at Wood Hanna Law were able to support you and make the process a little easier during such a difficult time.
Miguel Saca
Mrs. Wood has been my custody attorney since February of this year and has done an excellent job. My case has been very complicated, and she has done a great job helping me get the best outcome. She cares about my case and has been fighting for me nonstop. On top of that, she is helping me with a divorce. I would not choose anyone else, and I always feel confident she would get the best outcome for me.
Response from the owner:Miguel, thank you for your thoughtful review. We’re truly grateful for your trust and confidence in our firm. Custody and divorce cases can be challenging, and we’re proud to stand by our clients every step of the way. Mrs. Wood and our entire team are dedicated to providing compassionate, results-driven representation in family law matters. We appreciate you choosing Wood Hanna Law as your child custody attorney in Virginia Beach and are honored to continue fighting for your best possible outcome.
Veronica Weaver
I am so grateful to Liz and her team for all they did for me during this process. They were very honest with me about my options and very helpful with navigating every decision. Could not recommend Liz enough!
Response from the owner:Veronica, thank you so much for your kind words and recommendation. We’re thrilled to know that Liz and our team were able to guide you through each step of the process with honesty and care. At Wood Hanna Law, we take pride in helping our clients make informed decisions during difficult times. We truly appreciate you choosing us as your lawyer in Virginia Beach and are grateful for the opportunity to serve you.
Coleman
Liz stuck by me through my divorce process. Straight to the point and won’t feed you any nonsense. Highly recommend her!
Response from the owner:Coleman, thank you for taking the time to share your experience. We’re glad to hear that Liz’s direct approach and dedication made a difference in your case. Our goal is always to provide clear, honest guidance and strong representation for every client. We appreciate your recommendation and for trusting us as your divorce lawyer in Virginia Beach.
destiny overton
This was the best and easiest process. Divorce is hard but Elizabeth made everything easy to understand and put in so much effort to get this done. It wasn’t even a month since starting the process before I got back my final decree. She’s so professional and attentive. I would highly highly recommend her as the person in your corner through this. THANK YOU so much to you and your team.
Response from the owner:Destiny, thank you for sharing such wonderful feedback. We’re so glad to hear that Liz and our team were able to make your divorce process smooth and understandable from start to finish. We know that divorce can be stressful, so it means a lot to know you felt supported and informed every step of the way. We truly appreciate your recommendation and for choosing Wood Hanna Law as your female divorce attorney in Virginia Beach.
Shirley Sainvilus-White
Liz Wood made it so easy getting through my divorce. She was very informative, and patient with questions I had. Liz is the lawyer you want on your side, she’s sweet with her clients but a beast with your opponents. Thanks Liz you’re the best!
Response from the owner:Shirley, thank you so much for your kind words and trust in our firm. We’re delighted to hear that Liz’s guidance, patience, and determination made your divorce process easier to navigate. She works hard to balance compassion with strong advocacy for every client. We truly appreciate your recommendation and for choosing Wood Hanna Law as your female divorce lawyer in Virginia Beach.
Caitlin Hoff
I highly recommended Liz, she is super professional and gets the job done!
Response from the owner:Caitlin, thank you for the kind words and recommendation! We’re thrilled to hear that Liz’s professionalism and dedication made a strong impression. Our team takes pride in delivering results for every client we serve. We truly appreciate you choosing Wood Hanna Law as your lawyer in Virginia Beach.
Arcenio Byers
I highly recommend Hanna Wood for divorce representation. Hanna worked tirelessly on my behalf, keeping me informed every step of the way. Her professionalism, compassion, and dedication were impressive. If you're looking for a skilled and responsive divorce attorney, look no further than Hanna Wood.
Response from the owner:Arcenio, thank you for taking the time to share your experience. We’re so glad to hear that Hanna’s dedication, communication, and professionalism helped make a difficult process smoother for you. Our team strives to provide every client with the same level of commitment and care. We truly appreciate your recommendation and for choosing Wood Hanna Law as your divorce attorney in Virginia Beach.
kristie Burrus-Suarez
Let me start out my saying I’ve been in and out of the court system with my son for 15 years ! She is by far the best attorney I’ve had ever! She isn’t afraid to fight for you and your children . She was very reasonable with my custody and visitation cost ! I would pay it all again for the freedom she has given me ! Mrs. Wood is very organized and gifted in her job ! She has changed my child’s life and my life and our outcome for the best ! She fought for full physical custody for me with my child’s choice to go to his dads for visitation if he wanted or not , she got my show causes dismissed from my 15 year old refusing to go to dads. My son’s child support was also increased almost double. She was a godsend She was always available to me by text , phone call or email ! She knew family law very well , my case was never continued or drawn out , she tackled everything in one case , custody , visitation and child support with the show causes dropped . I am so glad to have her on my side ! She is the best you won’t be disappointed!
Response from the owner:Kristie, thank you for sharing such a heartfelt and detailed review. We’re truly humbled by your words and so glad that Liz was able to help you achieve the peace, stability, and outcome your family deserved after so many years in the court system. Custody and visitation cases can be emotionally exhausting, and it means a great deal to know you felt supported, informed, and protected every step of the way.

Liz is deeply committed to her clients and takes great pride in combining compassion with strong, strategic advocacy. Knowing that her work has positively impacted your and your son’s lives is exactly why we do what we do. Thank you for trusting Wood Hanna Law to stand beside you through such an important chapter — we’re honored to have been your female divorce lawyer in Virginia Beach and wish you and your family continued peace and success moving forward.
Ben Priester
Excellent and professional divorce lawyer. Always provided sage counsel and kept my better interests in the forefront I definitely commend hiring her.
Response from the owner:Ben, thank you for your thoughtful feedback. We’re so pleased to hear that Liz’s guidance and professionalism made a meaningful difference in your case. Providing clear, strategic counsel while keeping our clients’ best interests at the center of every decision is exactly what we strive for. We truly appreciate your trust and recommendation, and we’re honored you chose Wood Hanna Law as your divorce lawyer in Virginia Beach.
Darren
Mrs. Wood Hanna guided me through a recent family law issue.

Her advice was direct and to the point. She provided plenty of context to help me set expectations and weigh my options. For my relatively minor issue, her pricing was reasonable and straightforward.

I highly recommend her for your family law legal needs.
Response from the owner:Darren, thank you for sharing your experience and for your recommendation. We’re so glad Liz was able to provide clear guidance and practical advice during your family law matter. Every client deserves to feel informed and supported, no matter the size or complexity of their case. We appreciate your trust in Wood Hanna Law and are honored to have assisted you as your family law attorney in Virginia Beach.
Kendria Marshall
Liz was incredibly helpful and just wonderful to work with. I am so thankful for her and her team.
Response from the owner:Kendria, thank you so much for your kind words. We’re so glad to hear that Liz and our team were able to provide the support and guidance you needed. Helping our clients navigate challenging situations with clarity and compassion is at the heart of what we do. We truly appreciate your trust in Wood Hanna Law and for choosing us as your local attorney in Virginia Beach.
Carl Varney
This wonderful lawyer is head and shoulders above all the other lawyers in the commonwealth of Virginia. She’s Honest as she is Professional.!!!!!
Response from the owner:Carl, thank you for your generous words and strong endorsement. We’re thrilled to know you had such a positive experience and that Liz’s honesty and professionalism stood out. We truly appreciate your support and for choosing Wood Hanna Law — your trusted attorney in Virginia Beach.