A divorce can take months to resolve, but your children still need a workable custody and parenting schedule in the meantime. Virginia law allows courts to address custody while a divorce is pending, although the availability of a temporary custody hearing can depend on the court handling your case.
Can a court decide custody before your divorce ends?
Under Virginia Code § 20-103, a court may enter temporary orders involving custody while a divorce is pending. These are often called pendente lite orders, meaning orders entered while the case is ongoing.
Local procedures can limit when the court will hear these requests. Under current Loudoun County Circuit Court rules, pendente lite hearings may address other temporary issues, but not child custody or parenting time, the time a child spends with each parent. Fairfax County Circuit Court generally hears temporary custody motions only when extraordinary or emergency circumstances exist.
What does the court consider in a temporary custody decision?
When the court considers temporary custody, it applies the best-interest factors in Virginia Code § 20-124.3, which are the considerations judges use to determine what arrangement best serves your child. These include:
- Your child’s age and physical and mental condition
- Your relationship with your child
- Your role in your child’s day-to-day care and upbringing
- Your willingness to support your child’s relationship with the other parent
The court considers all factors together when deciding temporary custody. The court may also consider other circumstances that affect your child’s well-being.
A temporary order does not decide custody permanently
A temporary custody order can govern parenting arrangements while your case continues, but it does not resolve custody permanently. The court still decides final custody based on your child’s best interests and the circumstances at the time of the final decision.
Because procedures differ between courts, understanding the rules in the court handling your divorce can help you know what options may be available. If custody becomes disputed while your case is pending, legal guidance can help you understand the process and what the court may consider.
