CHILD CUSTODY & VISITATION:
What are the factors that a judge looks at?

By: Matthew Snow

In Loudoun County or any other courts in Virginia, a judge must take into consideration approximately ten different factors when deciding what to do about the custody and visitation for a minor child. The overall determination that a judge is required to make is what is in “the best interests” of the child.  The following ten factors are evaluated by a judge to determine what the child's best interests are (Va. Code § 20-124.3):

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.

If you are in the facing or in the midst of an custody or visitation case, please do not hesitate to contact the experienced attorneys at Biberaj & Snow P.C. for a free consultation to discuss your options.

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Disclaimer: This information is intended for general interest only. It is not intended to be nor should it be deemed as legal advice. Please consult with one of our experienced attorneys at Biberaj & Snow for the best advice specific to your needs.