Child Custody & Parenting Plans in Virginia Divorce

Practical, Workable Parenting Arrangements Through Mediation and Collaborative Divorce

📋 Quick Reference (TL;DR)

Legal Standard: Virginia custody arrangements are guided by the child’s best interests under Virginia Code § 20-124.3.
No Automatic Rule: There is no statutory preference for 50/50 custody or a primary parent designation.
Two Categories: Legal custody (decision-making authority) and physical custody (where the child lives and how time is divided).
Best Practice: Focus is on arrangements parents can implement consistently, ensuring stability and predictability for children.

Kales & Kales provides child custody and parenting plan services for families throughout Northern Virginia, with offices in Fairfax, Tyson’s Corner, and Arlington. As a divorce mediation and collaborative divorce firm, we help parents design arrangements that work in practice — not just on paper.

Custody in Virginia Divorce: Legal vs. Physical

Legal Custody

Legal custody refers to the authority to make major decisions regarding education, non-emergency medical care, and significant activities. Most mediated agreements provide for joint legal custody, allowing both parents to share decision-making responsibility.

Physical Custody

Physical custody refers to where the child primarily resides and how time is divided between parents. Arrangements can be shared or primarily with one parent, depending on what works best for the family.

There is no required 50/50 split, and there is no automatic primary-parent designation. The schedule is determined by practical factors, including proximity between homes, parents’ availability, and the child’s needs. In Northern Virginia, these considerations often shape the arrangement more than legal labels.

Parenting Plan Development in Mediation

In mediation and collaborative divorce, the goal is to establish a parenting arrangement that works for the parents and the child.

Some families prefer clearly defined schedules, while others function well with more flexible arrangements. The appropriate approach depends on the family’s circumstances, geographic proximity, and the child’s age and routine.

Parenting agreements commonly include:

  • Regular weekday and weekend schedules

  • Holiday rotations

  • Summer vacation schedules

  • Transportation logistics

  • Right of first refusal provisions

  • How parenting time is structured throughout the year

There is no required format and no single “ideal” model. The structure should reflect what is workable and sustainable for the family.

The focus is on creating an arrangement that is practical, flexible, and easy to follow for both parents and the child.

Shared Parenting in Northern Virginia

Many parents in Northern Virginia work together to create shared parenting arrangements that suit their family.

Whether time is split equally or arranged differently, the focus is on what works best for everyone. Families often consider:

  • How far apart the homes are

  • Parents’ work schedules and commuting

  • The child’s age and daily needs

  • Activities and hobbies outside of school

  • Childcare or after-school arrangements

  • Medical appointments and healthcare needs

  • Everyday routines at home

The goal is to build a parenting plan that is practical, flexible, and easy to follow for both parents and the child.

Modification of Custody Arrangements

Custody arrangements can be adjusted if circumstances change and a new plan better meets the child’s needs.

Common situations include:

  • Relocation

  • Changes in work schedules

  • Educational transitions

  • Updates to childcare or household routines

Mediated parenting plans aim to be practical and workable, but adjustments are sometimes necessary as children grow and family circumstances evolve.

Why Mediation and Collaborative Divorce Work for Custody

Custody disputes can be stressful and costly when handled through traditional litigation.

Mediation and collaborative divorce provide:

  • Confidential, structured negotiation

  • Parent-driven decision-making

  • Practical, customized parenting schedules

  • Reduced conflict for children

  • Greater long-term stability

As a Virginia Supreme Court Certified Family Mediator and collaborative divorce attorney, Jonathan Kales helps parents create parenting arrangements that prioritize clarity, cooperation, and what works best for the child.

Child Custody Services in Northern Virginia

Kales & Kales, PLC serves families throughout Northern Virginia, including our offices in Fairfax, Tyson’s Corner, and Arlington.

We assist clients through:

  • Divorce mediation

  • Collaborative divorce representation

  • Settlement-focused parenting plan development

For parents considering divorce, mediation or collaborative divorce can provide a structured, workable path for child custody arrangements without unnecessary conflict.

Disclaimer

This page provides general information regarding Virginia child custody law as of February 2026. It is not legal advice. Custody outcomes depend on specific circumstances and individualized analysis. Consult with a qualified Virginia family law attorney before making decisions affecting your rights.

Kales & Kales, PLC | Offices in Fairfax, Tyson’s Corner, and Arlington, Virginia | Serving families throughout Northern Virginia