Custody & Child Support Under Virginia Law

Litigating child custody cases and child support cases in Virginia requires a detailed knowledge of the court system as well as the statutory authority and case law governing both issues. Virginia’s court system has two distinct courts in which you can seek an adjudication of child custody: Juvenile and Domestic Relations District Court and Circuit Court. While the facts of each individual case may govern where you prefer to litigate so as to achieve the desired outcome, the statutes governing jurisdiction provide significant limitations on where you are permitted to litigate and when.

Once jurisdiction and venue are decided, the facts of each case are crucial in the court’s determination of the child’s best interest, which is the standard by which all custody case determinations are governed. Learn which case facts are most often persuasive to the court in making that crucial determination and why, as well as why legal custody and physical custody are not always identical outcomes and how to use that knowledge to your client’s benefit.

Child support cannot be calculated until physical custody is determined, but must the court adhere to the mandatory child support guidelines? This course will discuss what factors impact that decision by the court and what case facts most strikingly demand that you pursue a deviation from the guidelines. 

1. Understand what factors to consider in selecting the best jurisdiction and venue for custody adjudication
2. Understand what types of evidence are most persuasive to the court in making custody adjudications
3. Understand the difference between legal and physical custody and why those outcomes need not necessarily mirror one another
4. Understand how to present custody factor evidence under the requisite Code of Virginia provisions
5. Understand what laws govern child support cases in Virginia and what guidelines are applicable in different scenarios, as well as which deviation factors are often persuasive to increase or decrease the guideline application
6. Understand when and how custody and child support may be modified

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