Virginia legislation · 2026 Regular Session
Virginia HB768: An Act to amend and reenact § 20-124.2 of the Code of Virginia, relating to custody and visitation arrangements for minor; custody evaluation ; report .
Status: Chaptered, May 14, 2026
Custody and visitation arrangements for minor; custody evaluation; report. Provides that a circuit or district court may order a custody evaluation to assist with determining the custody or visitation arrangements for a minor. Current law provides that such custody evaluations can be ordered in a proceeding for custody or visitation before a juvenile and domestic relations district court. The bill also directs the Board of Psychology, in consultation with the Board of Medicine, to convene a stakeholder advisory group to study the availability of qualified mental health professionals willing to serve as court-appointed experts in family law proceedings and to report its findings and any recommendations to the Chairs of the Senate Committee for Courts of Justice and House Committee on Health and Human Services no later than November 1, 2026.
What the bill says
An Act to amend and reenact § 20-124.2 of the Code of Virginia, relating to custody and visitation arrangements for minor; custody evaluation; report. [H 768] Approved May 14, 2026 1. That § 20-124.2 of the Code of Virginia is amended and reenacted as follows: § 20-124.2. Court-ordered custody and visitation arrangements. A. In any case in which custody or visitation of minor children is at issue, whether in a circuit or district court, the court shall provide prompt adjudication, upon due consideration of all the facts, of custody and visitation arrangements, including support and maintenance.
From the enrolled text, May 14, 2026:
An Act to amend and reenact § 20-124.2 of the Code of Virginia, relating to custody and visitation arrangements for minor; custody evaluation; report. [H 768] Approved May 14, 2026 1. That § 20-124.2 of the Code of Virginia is amended and reenacted as follows: § 20-124.2. Court-ordered custody and visitation arrangements. A. In any case in which custody or visitation of minor children is at issue, whether in a circuit or district court, the court shall provide prompt adjudication, upon due consideration of all the facts, of custody and visitation arrangements, including support and maintenance for the children, prior to other considerations arising in the matter. The court may enter an order pending the suit as provided in § 20-103. The procedures for determining custody and visitation arrangements shall insofar as practical, and consistent with the ends of justice, preserve the dignity and resources of family members. Mediation shall be used as an alternative to litigation where appropriate. When mediation is used in custody and visitation matters, the goals may include development of a proposal addressing the child's residential schedule and care arrangements, and how disputes between the parents will be handled in the future. B. In determining custody, the court shall give primary consideration to the best interests of the child. The court shall consider and may award …