In hearing child custody and visitation cases, Virginia courts are required to consider the best interests of the child, and make their decision based upon those factors. Virginia Code § 20-124.3 outlines what ten factors a court is to consider when deciding custody and/or visitation of a minor child:
1. The age and physical and mental condition of the child, giving due consideration to the child's changing developmental needs;
2. The age and physical and mental condition of each parent;
3. The relationship existing between each parent and each child, giving due consideration 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;
4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members;
5. The role that each parent has played and will play in the future, in the upbringing and care of the child;
6. 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;
7. The relative willingness and demonstrated ability of each parent 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;
8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;
9. Any history of family abuse as that term is defined in § 16.1-228 or sexual abuse. If the court finds such a history, the court may disregard the factors in subdivision 6; and
10. Such other factors as the court deems necessary and proper to the determination.
After hearing evidence in a custody/visitation case, the court will make a decision based upon the ten factors. The court is not required to give equal weight to each factor, so the court has latitude when making its custody/visitation decisions. If you are facing a child custody or visitation case, it is important that you speak to an attorney who can help you understand how these factors play into your situation. The attorneys at Hadley Law are well versed in handling child custody and visitation matters. Contact us for a consultation.
