Virginia Child Custody - Best Interests of the Child

Section 20-124.3 The Virginia Code lists a number of factors that the judge should consider in deciding what is in the child's best interests. They are:

1. The age and physical and mental condition of the child and the child's developmental needs;

2. The age and physical and mental condition of each parent;

3. The relationship between each parent and the child, the parent's positive involvement and ability to assess and meet the child's needs;

4. The childs needs including important relationships such as with brothers and sisters, grandparents, and other relatives;

5. The role which each parent has played and will play in the upbringing and care of the child;

6. Each parent's willingness to support the child's relationship with the other parent, their willingness and ability to maintain a close relationship with the child, and their ability to cooperate in matters affecting the child;

7. The child's preference;

8. Any history of abuse; and

9. Any other factors the judges feels it is necessary to consider.

Other factors commonly considered:

1. The parent with whom the child is currently living at the time of the hearing has an advantage. Similarly, the parent who has put in the most time caring for the child has an advantage.

2. The parent who gets the home where the children have been living has an advantage. The parent who can offer the better living quarters has an advantage, particularly if each child can have a room of their own. The quality of the neighborhood where the parent is living can be an important consideration as well, particularly if one parent lives in a bad area.

3. The parent who is best able to reconcile the demands of working and caring for the children has an advantage. It is a definite negative if a parent will have to leave the child at home unsupervised while the parent is working.

4. New relationships can affect the balance between two contending parents. Particularly a new live-in significant other, promiscuity that the children will notice, and overt sexual behavior in their presence are big negatives.

5. A caring personality and a good heart go a long way with a judge if these qualities can be brought out in the courtroom. A mature attitude about letting the child continue to have a positive relationship with the other spouse, unselfishness, and putting the child's concerns first are also a major plus.