VirginiaHB7682026 Regular SessionHouseWALLET

Custody and visitation arrangements for minor; custody evaluation, report.

Sponsored By: Charniele L. Herring (Democratic)

Signed by Governor

Summary

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.

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 5 benefits, 1 costs, 2 mixed.

Support for older teens and disabled adults

Child support continues for an 18-year-old who is a full-time high school student, not self-supporting, and living with the parent who receives support. It ends at age 19 or high school graduation, whichever comes first. Courts can keep support going for an adult child with a severe, permanent disability that began before age 18 (or before 19 under the school rule), who cannot live independently and lives with the requesting parent. Parents can also agree to extend support past the normal end date, and the court can confirm that agreement.

No support from deceased parent’s estate

The court cannot order a deceased parent's estate to pay child support. This removes a way to recover support after a paying parent dies.

Medical support and special needs payments

In child support orders, the court can require one or both parents to provide health insurance, cash medical support, or both. Either party can ask the court to send child support into a special needs trust or an ABLE account for a child with disabilities.

Best interests, mediation, and parenting time

Courts decide custody based on the child’s best interests, with no automatic preference for either parent or any custody type. Judges use mediation in custody or visitation cases when it is appropriate. Courts may use the term “parenting time” instead of “visitation.”

Give schools custody orders in 3 days

If an order blocks school pickup or changes school enrollment, you must give a copy to the school within three business days after you get the order. If you cannot deliver it, give the court the principal’s name and address and the court will mail it. Schools do not have to interpret or enforce the order.

Grandparent visits after death or incapacity

A grandparent may show that a deceased or incapacitated parent agreed to grandparent visitation. If the court finds that more likely than not, it then decides if visits are in the child’s best interests.

Filing bans and child advocate in risky cases

If a parent is convicted of serious crimes against a child or the other parent, the court can bar new custody or visitation filings for up to 10 years when it is in the child’s best interests. When someone asks the court to impose this filing ban, the court must appoint a guardian ad litem to represent the child.

Court-ordered custody evaluations and costs

In custody and visitation cases, the court can order custody or mental health evaluations to help decide what is best for the child. The judge can require one or both parties to pay the evaluation costs.

Sponsors & Cosponsors

Sponsor

  • Charniele L. Herring

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 283 • No: 0

House vote • 3/11/2026

Senate amendments agreed to by House

Yes: 99 • No: 0

Senate vote • 3/10/2026

Courts of Justice Amendment agreed to

Yes: 0 • No: 0

Senate vote • 3/9/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 3/9/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote • 3/5/2026

Reported from Courts of Justice with amendments

Yes: 14 • No: 0

House vote • 2/10/2026

Read third time and passed House Block Vote

Yes: 98 • No: 0

House vote • 2/4/2026

Reported from Courts of Justice with amendment(s)

Yes: 22 • No: 0

House vote • 1/28/2026

Subcommittee recommends reporting with amendment(s)

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP1116)

    5/14/2026Governor
  2. Approved by Governor-Chapter 1116 (effective 7/1/2026)

    5/14/2026Governor
  3. Passed by for the day

    4/23/2026House
  4. Governor's Action Deadline 11:59 p.m., May 23, 2026

    4/23/2026Governor
  5. Communicated to Governor

    4/23/2026House
  6. Passed by for the day

    4/22/2026House
  7. Governor's recommendation received by House

    4/13/2026Governor
  8. Fiscal Impact Statement from Department of Planning and Budget (HB768)

    3/31/2026House
  9. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  10. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  11. Signed by Speaker

    3/31/2026House
  12. Bill text as passed House and Senate (HB768ER)

    3/30/2026House
  13. Enrolled

    3/30/2026House
  14. Signed by President

    3/30/2026Senate
  15. Senate amendments agreed to by House (99-Y 0-N 0-A)

    3/11/2026House
  16. Courts of Justice Amendment agreed to

    3/10/2026Senate
  17. Passed Senate with amendments Block Vote (40-Y 0-N 0-A)

    3/10/2026Senate
  18. Engrossed by Senate as amended

    3/10/2026Senate
  19. Read third time

    3/10/2026Senate
  20. Passed by for the day Block Vote (Voice Vote)

    3/9/2026Senate
  21. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/9/2026Senate
  22. Rules suspended

    3/9/2026Senate
  23. Senate committee offered

    3/5/2026Senate
  24. Reported from Courts of Justice with amendments (14-Y 0-N)

    3/5/2026Senate
  25. Fiscal Impact Statement from Department of Planning and Budget (HB768)

    2/17/2026House

Bill Text

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