Fairfax, VA Family Law And Child Custody Attorney Claudia Zucker

As a Fairfax, VA divorce and family law attorney who represents parents in child custody disputes throughout northern Virginia, many of my clients are confused over the concept of the phrase "best interests of the child." Many parents even take offense at the idea that the Fairfax Circuit Court would apply a set of rigid criteria to determine whether or not their presence in the child's life is in his or her best interests. Oftentimes, I find it helpful to parents who are fighting for custody or visitation to understand the guidelines that the Fairfax and other circuit courts use to make their rulings with regard to parental time sharing.

Best Interests of the Child Explained

"§ 20-124.3 of the Virginia Code" specifies the criteria that the court will consider in determining what type of parental arrangement is in a child's best interests. These include,

1. The age, physical condition, and mental condition of the child.

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

3. The current relationship between each parent and the child, and whether it is a positive or negative influence in the child's life. If one of the parents has not historically been a part of the child's life, his or her continuous presence may not be considered in the best interests of the child.

4. The needs of the child with respect to other relationships, including other family members. For example, the courts may not believe it to be in either child's best interest to split siblings between the two parents.

5. The role that each parent has played and will play in the future in raising the child. For instance, if the child was usually home with his mother, while the father has been away on business trips, the court might not deem it to be in the best interest of the child to divide his or her time evenly between them.

6. The degree to which each parent supports the child's contact with the other parent. The courts frown on parental behavior that casts the other parent in a negative light or denies the child the ability to see his or her other parent.

7. The ability of each parent to sustain a close and continuing relationship with child. Also considered is each parent's ability to resolve disputes about significant matters in the child's life.

8. The preference of the child if he or she is mentally and emotionally competent. Older children who have a better understanding of their residential and familial situation are allowed to have input under Virginia law.

9. Histories of family abuse, child abuse, or sexual abuse may override all of the other factors.

10. Any other factors that the court believes would have an impact on the child's life, and therefore its determination with regard to custody.

The preceding information should not be construed as legal advice. If you are a resident of Northern Virginia and are in a child custody dispute, are seeking child visitation, or are attempting to alter an existing agreement, contact my office at (703) 596-1005.