How Does a Court Determine Best Interests of Child in a Virginia Custody Case?

Oct 30, 2023 | Child Custody

How Does a Court Determine Best Interests of Child in a Virginia Custody Case?

Under Virginia law, courts apply the “best interests of the child” standard when determining custody and visitation arrangements. The factors considered to determine the child’s best interests are outlined in Va. Code § 20-124.3. Those factors include:

Age and Physical and Mental Condition: The court considers the age, physical condition, and mental condition of the child, giving due consideration to any change in these conditions and the developmental needs of the child.
Age and Physical and Mental Condition of Parents: Similar consideration is given to the age, physical condition, and mental condition of each parent.
Relationship Between Each Parent and Child: The court looks at the relationship existing between each parent and each child, with special attention to the positive involvement with the child’s life, the ability to accurately assess and meet the emotional, intellectual, and physical needs of the child. In Keel v. Keel, 225 Va. 606 (1983), the Supreme Court of Virginia held a parent’s ability to meet the emotional, intellectual, and physical needs of the child is crucial in determining custody.
Needs of the Child: This includes other important relationships of the child, such as siblings, peers, and extended family members. The court will consider the role that each parent has played and will play in the future in the upbringing and care of the child.
Role of Each Parent: The court examines the role that each parent has played and will play in the future, in the upbringing and care of the child.
Propensity to Support Child’s Relationship with Other Parent: The court looks at the propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child.
Child Abuse History: If there is a history of family abuse or sexual abuse, this will be a factor in determining custody or visitation arrangements.
Child’s Preference: The court may consider the reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, and experience to express such a preference.
Relationship with Other Family Members: The court will consider the relationship of the child with other family members who affect the child’s best interests. In Cloutier v. Queen, 35 Va. App. 413 (2001), the Court of Appeals of Virginia acknowledged that maintaining significant and positive relationships with extended family members could be in the best interests of the child.
Willingness and Ability to Maintain a Close Relationship: The court examines each parent’s willingness and ability to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child.
Willingness to Share Custody: The court considers the willingness of each parent to share custody and whether each parent has been an active participant in the child’s life. In Scinaldi v. Scinaldi, 347 S.E.2d 149 (1986), the Court of Appeals of Virginia recognized the willingness of each parent to facilitate a relationship between the child and the other parent can significantly affect the child’s best interests.

The court’s ultimate goal is to ensure the welfare and best interests of the child. Each custody case is unique, and the court weighs these factors based on the specific circumstances of the case. In Virginia, these considerations provide a comprehensive framework to guide judicial decisions in custody matters. As a custody lawyer in Roanoke, I can help you develop a plan to demonstrate why awarding custody is in the best interests of your child. Call our office for a free consultation.