What Factors Go Into the "Best Interests of the Child" Standard in Virginia Child Custody Cases?

Fairfax-Arlington Family Law And Child Custody Dispute Lawyer Claudia Zucker

As a divorce and child custody lawyer serving clients in Arlington, Fairfax, and other parts of northern Virginia I am frequently questioned about the standards by which the Virginia family courts award custody. In the commonwealth of Virginia, the overriding determining factor in child custody cases is what is in the best interests of the child. To measure this, judges will examine several sub-factors. How much each factor is weighted is often the purview of the judge.

Factors Influencing the Best Interests of the Child Standard

  • Who has been the child's primary caregiver? The Virginia courts will examine who the child lives with, who provides their meals, who buys their clothing, et cetera.
  • Fitness as a Parent Each parent will be measured for physical and psychological fitness and their ability to make decisions relative to the child's emotional, intellectual, and physical wellbeing. The court will also examine evidence of abuse if it exists.
  • Maintenance of Family Relationships The court will examine whether either parent will impede or promote family relations.
  • Child Preference Unless the child is too young—usually under seven years old—the court can interview him or her out of the presence of the parents. They can then use the child's preference as a factor for determining custody. Preference is not necessarily an overriding factor.
  • Existence of a Child Custody Agreement While the Virginia courts have the ability to override an existing or proposed agreement, they will often consider the parameters of the document when trying to determine what is in the best interests of the child.

Winning a Child Custody Battle in VA

The Fairfax and other regional courts prefer child custody agreements where both parents are involved in the child's upbringing and share time in his or her life. Consequently, it's unlikely that either parent will win sole custody of a child without some concession being made for visitation. Still, having an experienced and knowledgeable family law attorney in your corner provides you the best opportunity to obtain a desirable arrangement. If you are in a child custody dispute in Fairfax, Arlington or elsewhere in North Virginia, retain the services of a lawyer with an established track record. Call attorney Claudia Zucker at (703) 596-1005.

Article Topic: 
Custody, Support and Visitation