Custody And Visitation
Va. Code 20-124.3 — the best interests of the child, factor by factor
- The child's age and physical and mental condition, and developmental needs.
- Each parent's age and physical and mental condition, and relationship with the child.
- The child's other important relationships, such as siblings, peers and extended family.
- The role each parent has played and will play in raising the child.
- Each parent's support for the child's relationship with the other parent, including any unreasonable denial of access.
- Each parent's willingness to keep a close relationship with the child and to cooperate in resolving disputes.
- The reasonable preference of a child of reasonable intelligence, understanding, age and experience.
- Any history of family abuse, sexual abuse, child abuse, or an act of violence, force or threat within 10 years before the petition.
The judge says which factors decided it. In Virginia, the court considers these factors and any others it finds proper. The judge communicates the basis of the decision to the parties orally or in writing, and outside consent orders sets out the findings on the relevant factors. Where there is a history of abuse, the court may disregard the factor about supporting the other parent's relationship.
Sources for this section (1)
- Va. Code 20-124.3 — Best interests of the child; visitation
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.