When co-parents cannot agree on matters of child custody on their own, they sometimes need to go to court to have a judge determine the arrangement for them. Judges consider a wide range of factors to determine a Virginia child custody arrangement. If you are seeking custody or navigating this process, here is what you need to know.
The “Best Interests” Framework
Judges in Virginia and many other states follow a “best interests” framework when determining child custody arrangements. Their goal is to create an arrangement that upholds the child’s best interests above all else. While the parents may have strong opinions about visitation and parenting schedules, placing the child’s interests as the highest priority promotes a fair, unbiased arrangement.
Understanding the Two Types of Custody
Virginia recognizes two distinct types of child custody. A judge may determine a custody arrangement in which both parents share either or both types, or one parent has sole custody of the child.
- Physical custody is with whom your child will reside most overnights and who will be physically responsible for caring for them during that time.
- Legal custody is who will have the authority to make significant decisions on the child’s behalf, such as those pertaining to medical care, education, or religious upbringing.
Virginia law has no presumption in favor of any specific types of parenting plan or custody arrangement. A judge might determine that sole custody, joint legal custody, or joint physical custody is in the child’s best interests.
Factors a Judge Considers for Determining Virginia Child Custody
Virginia Code § 20-124.3 lists several factors the court may consider when determining a Virginia child custody arrangement that prioritizes a child’s best interests.
- The child’s age and health. Older children in good physical health have different needs than those with mental or physical health conditions or those who are very young.
- The parents’ ages and health. These factors might affect a parent’s ability to provide care and are considered alongside all other factors.
- The relationship the child has with each parent. Specifically, the court might evaluate each parent’s positive involvement in the child’s life.
- The child’s other important relationships. Relationships with siblings, neighborhood friends, extended family, and peers should also be considered to assess how the Virginia child custody arrangement might affect these important relationships.
- How each parent contributes to the child’s upbringing. The court will consider factors like who takes the child to school and doctors’ appointments, who helps them with school projects, and other aspects of their day-to-day upbringing.
- How each parent will reinforce the child’s relationship with the co-parent. Will both parents speak positively about each other to the child? Will they support the terms of the custody arrangement?
- Each parent’s willingness and capacity to maintain a relationship with the child and cooperate in the child’s care. Can the parents work together to make decisions for the child’s best interests, and are both parents dedicated to maintaining a positive relationship with the child?
- The child’s preferences. This factor is dependent upon the child’s age, intelligence, and reasonable preferences. In some cases, a child’s preferences would not be in their best interest.
- Any history of abuse or violence. A judge would also heavily consider any history of family abuse when making a custody determination.
- Any other factors deemed necessary. This may include any information the court deems proper and necessary to the determination.
Seek Legal Assistance From Holcomb Law, P.C.
If you are navigating a Virginia child custody case, experienced legal representation can help you understand your rights and advocate for them. Holcomb Law, P.C., represents parents through the custody process. Call 757-LAWYERS to schedule a consultation.
