When parents separate or divorce, the court may need to step in and make decisions about custody and visitation. In Virginia, judges use the “best interests of the child” standard to guide these decisions.
This means the court focuses on what will most benefit the child’s overall well-being. Below are some crucial points to consider.
What the law requires
Virginia law lists several specific factors that judges must carefully assess when deciding what is in a child’s best interests. These include:
- The child’s age and physical and mental health
- Each parent’s role in the child’s life so far and their willingness to continue that role
- The child’s needs, including relationships with siblings and extended family
- The ability of each parent to support the child’s relationship with the other parent
- Any history of family abuse or violence
- The preference of the child, if the child is mature enough to express a reasoned opinion
No single factor controls the outcome. The judge looks at the entire picture. Courts in Virginia often consider which parent can provide the most stable environment. This includes the child’s home, school and community connections. Judges look at who is better able to meet the child’s daily needs and offer consistency over time. The court may also look at how well each parent communicates and works with the other. A parent who supports regular contact with the other parent may be viewed more favorably than one who creates conflict or refuses to cooperate.
Every case is unique, but the goal is always the same: to protect the child’s health and security. For more information on custody laws, you should seek legal guidance.