Using Mediation To Resolve Custody Issues in Virginia

 Posted on February 11, 2026 in Child Custody

When parents go their separate ways, deciding how to share time and responsibilities for the children can be challenging. Mediation provides families with a calm, private setting to discuss these issues with professional help. 

Compared to courtroom litigation, child custody mediation is flexible and focused on practical steps that fit your family’s routines. If you have questions about the mediation process for custody disputes, an experienced Leesburg, VA family law mediation attorney can help.

What Is Custody Mediation?

Mediation is a guided conversation led by a neutral party who does not take sides and does not issue rulings. The mediator, often an attorney, helps parents identify goals, exchange information, and brainstorm options for a parenting plan. Sessions are confidential, which encourages open discussion. 

The aim is a clear, written agreement that both parents understand and can follow. If you resolve all issues, the agreement can be submitted to the court as a consent order. If some issues remain, the judge decides only those items after hearing evidence.

How Does Mediation Help Parents Solve Custody Issues in Virginia?

Mediation keeps decision-making with the parents, rather than a judge who does not know your family. You can tailor exchanges to school start times, address medical and therapy needs, and craft holiday schedules that respect family traditions. 

Under Va. Code § 20-124.3, courts are required to make sure all custody arrangements are in the best interests of your child. They consider factors like your child’s needs, the history of both parents’ involvement, and each parent’s willingness to support the child’s relationship with the other parent. A skilled mediator keeps those factors in view so the plan is practical and likely to be approved.

Do Virginia Courts Require Mediation for Custody Disputes?

Courts often refer parents to an orientation session to learn about mediation and to screen for safety concerns. After orientation, which is sometimes scheduled at the start of the first mediation session, the mediation process moves forward only if both parties agree. Lawyers may attend orientation to advise their clients about whether mediation is a good idea. 

In simple terms, you may need to attend an introduction to mediation, but participation beyond that first step is voluntary except in certain counties. If mediation is not appropriate or does not resolve the dispute, the case returns to the judge. When there is a history of family abuse, the court, according to Va. Code § 20-124.4, must consider safety before referring a case. 

What Issues Are Addressed in Custody Mediation in Virginia?

Mediation can cover nearly everything you would present to a judge, including:

• Legal custody: Legal custody refers to who makes major decisions about the child’s schooling, health care, religious upbringing, and extracurricular activities.
• Physical custody and visitation: This establishes the regular weekly schedule, exchange procedures, and transportation responsibilities.
• Holidays and vacations: You can work out how you will rotate holidays and other important family events.
• Communication rules: Together, you will establish the best way to share information and handle last-minute changes or emergencies.
• Health and education: These provisions address counseling and IEP needs and explain how uninsured medical and educational expenses will be paid and documented.
• Relocation and travel: You can include clauses that require advance notice and set conditions if a parent moves or travels with the child, including itinerary and contact details.
• Dispute-resolution steps: Your mediator can help address how future disagreements will be addressed, such as using a parenting coordinator or mediation, before returning to court.

Mediation can, and often does, address issues beyond custody as well. Divorcing couples can also resolve property division, spousal support, and other relevant issues before filing for an uncontested divorce. 

Contact a Stafford, VA, Child Custody Attorney Today

At Meyer & Bowden, PLLC, our team will help you prepare for child custody mediation sessions so you can start the process prepared and work toward a final settlement you feel comfortable with. 

With over 50 years of combined experience, we focus on child-centered solutions, protecting your rights, and converting agreements into enforceable court orders. 

Call 703-722-8692 today to schedule a consultation with a knowledgeable Leesburg, VA family mediation lawyer and start building a plan that reduces conflict and works for your family