Five Legal Changes Affecting Family Law Cases in Virginia in 2025

Several new laws took effect in Virginia on July 1, 2025, that involve family law matters. Here is a synopsis:

CHILD SUPPORT

Virginia’s Schedule of Monthly Basic Child Support Obligations has been updated and increased for the first time in many years.  

RESTORATION OF PARENTAL RIGHTS UPON DEATH OR REQUEST OF ADOPTIVE PARENT

A parent whose parental rights had previously been terminated can seek restoration of those rights if certain conditions are met: (1) the child’s adoptive parent dies or seeks relief of custody; (2) the parent seeking reinstatement complied with all terms of any written post-adoption contract and communication agreement entered into; (3) the parent whose rights are to be reinstated consents to the restoration of parent rights; and (4) the parent whose rights are to be reinstated has maintained a positive, continuous relationship with the child since termination.

PARENT OF CHILD CONCEIVED OF RAPE NOT A PERSON WITH A LEGITIMATE INTEREST

Several sections of the Virginia Code have been amended to prevent the establishment of a parent and child relationship between a child and any person either convicted of rape, carnal knowledge, or incest, or who has been found by clear and convincing evidence in a civil case to have committed such conduct, and the child was conceived of such violation or conduct.

COURT MAY CONSIDER MILITARY PROTECTIVE ORDERS WHEN ISSUING PRELIMINARY PROTECTIVE ORDER

If a Military Protective Order has previously been issued, this in and of itself may form a sufficient basis for the court to issue a Preliminary Protective Order, without the introduction of additional evidence at that stage. In addition, the military must now be informed of any violation of a Preliminary Protective Order issued under state law if a Military Protective Order had previously been issued against the same defendant.

EXTENSION OF PROTECTIVE ORDER PERIOD TO FOUR YEARS UNDER CERTAIN CIRCUMSTANCES

A person can obtain a 4-year Protective Order if, within the 10 years prior to seeking the Order, the subject had another Protective Order entered against him/her. It is not specified whether the previous Protective Order must relate to the person seeking the current Order. The new law does not permit the court to extend any Protective Order for longer than 2 years at a time (it only enables a court to enter a 4-year Protective Order at the initial stage).  

If you have questions about how any of these changes may impact your family law matter, call Cooper Ginsberg Gray at (703) 934-1480 or visit https://www.cgglawyers.com/.



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