How Virginia Courts Decide Child Custody: Understanding the “Best Interests of the Child”

When parents separate, one of the most important questions they face is how custody decisions will be made.

Virginia courts approach custody with one guiding principle: the best interests of the child.

Rather than applying a rigid formula, judges consider multiple factors designed to support the child’s long-term well-being.

Key Factors Courts Consider

Virginia law outlines several considerations, including:

• the child’s age, health, and developmental needs

• each parent’s physical and mental condition 

• each parent’s relationship with the child 

• the child’s relationships with siblings, peers, and extended family

• the role each parent has played—and will play—in the child’s upbringing 

• each parent’s willingness to support the child’s relationship with the other parent

• each parent’s ability to cooperate in decision-making

• the court may consider the child’s reasonable preference (depending on age and maturity)

These factors help courts evaluate the overall family dynamic.

What is in the Best Interest of the Child?

In Virginia custody cases, courts consider each parent’s ability to communicate, cooperate, and resolve disputes concerning the child, as well as each parent’s willingness to support the child’s relationship with the other parent. These considerations are part of the statutory best-interest factors under Virginia Code § 20-124.3.

Parents do not have to agree on every issue or have an amicable relationship. What matters is whether they can:

• Place the child’s needs ahead of their own conflict

• Communicate effectively about important parenting matters

• Cooperate on decisions affecting the child

• Support a stable and continuing relationship between the child and the other parent, when appropriate

• Demonstrate flexibility and sound judgment

• Remain focused on the child’s emotional, developmental, and physical needs

A parent who consistently demonstrates these qualities is generally better positioned under the best-interest analysis. By contrast, persistent conflict, an inability to cooperate on matters affecting the child, or conduct that unnecessarily interferes with the child’s relationship with the other parent may weigh against a parent when the court determines custody and parenting arrangements.

Questions About Custody in Virginia?

Attorney Li-Shann Durst can help you understand how Virginia courts approach parenting and custody decisions.

📞 Contact the Law Office of Li-Shann Durst at (703) 443-4762 to discuss your family’s situation.