§ 20-124.3. Best Interests of the Child
Virginia courts decide custody and visitation based on the child’s best interests, guided by a list of statutory factors rather than any presumption favoring one parent. These factors include the child’s age and developmental needs; each parent’s ability to meet the child’s physical, emotional, and intellectual needs; the existing relationship between each parent and the child; each parent’s willingness to support the child’s relationship with the other parent; the child’s reasonable preference, where the child is of sufficient age and maturity; and any history of family abuse or violence.
No single factor is automatically decisive. The court considers the factors together in light of the specific family’s circumstances, and in high-conflict custody cases, how each parent has actually behaved — including any pattern of interfering with the other parent’s relationship with the child — often carries substantial weight.
The judge must communicate the basis of the decision to the parties, either orally or in writing, setting out findings on the relevant factors, except in the case of consent orders.
Va. Code § 20-124.3 (Code of Virginia)
