Virginia Child Custody: Best Interests of the Child Explained
When parents separate or divorce in Virginia, one of the most important issues to resolve is child custody. Custody decisions can shape a child’s daily life, education, and emotional stability.
Virginia law requires that custody determinations be made based on the “best interests of the child.” This standard ensures that the child’s needs—not the parents’ disagreements—guide the outcome. Understanding these factors can help parents prepare for custody discussions, whether in mediation, collaborative law, or court.
Types of Child Custody in Virginia
Before reviewing the best interest factors, it’s helpful to understand the two types of custody:
Physical Custody – Determines where the child lives and with whom.
Legal Custody – Refers to the authority to make major decisions about the child’s upbringing, including health care, education, and religious training.
Parents may share custody (joint custody) or one parent may have primary custody.
The “Best Interests of the Child” Factors
Virginia Code § 20-124.3 lists the specific factors courts consider in determining custody. These include:
The age and physical and mental condition of the child.
The age and physical and mental condition of each parent.
The relationship existing between each parent and the child.
The needs of the child, including emotional and developmental needs.
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.
The willingness and ability of each parent to cooperate in child-rearing.
The child’s preference (if of reasonable intelligence, understanding, age, and experience).
Any history of family abuse.
Any other factor the court finds relevant.
How Parents Can Prepare
Focus on the child’s needs rather than conflicts with the other parent.
Maintain documentation of involvement in the child’s schooling, medical care, and extracurricular activities.
Show cooperation by supporting parenting time with the other parent.
Consider alternatives like mediation or collaborative law to avoid adversarial courtroom battles.
Alternatives to Litigation
While the court makes the final decision if parents cannot agree, many families resolve custody through:
Mediation – A neutral mediator helps parents create a parenting plan.
Collaborative Law – Parents, with attorneys and child specialists, work together to design custody arrangements.
Negotiation – Parents reach an agreement outside of court, with or without attorney involvement.
These approaches often reduce conflict and promote healthier co-parenting relationships.
FAQs About Child Custody in Virginia
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No. Virginia law does not favor one parent over the other. Custody is determined based on the child’s best interests.
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Yes. Custody orders can be modified if there is a material change in circumstances and the modification is in the child’s best interests.
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A child’s preference may be considered if they are old enough and mature enough, but it is only one factor among many.
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Speak With A Family Attorney
If you are facing a custody matter in Virginia, it is important to understand your options and the factors courts consider.
📞 Contact the Law Office of Li-Shann Durst at (703) 443-4762 or schedule a confidential consultation.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Every case is unique. Please consult an attorney for advice specific to your situation.