Posted by DivorceLine in Virginia Child Custody Laws
In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of either, and the court may award joint custody or sole custody. In determining best interests of a child for purposes of determining custody or visitation arrangements, the court shall consider the following:
a) The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs.
b) The age and physical and mental condition of each parent.
c) 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.
d) 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.
e) The role that each parent has played and will play in the future, in the upbringing and care of the child.
f) 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.
g) 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.
h) 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.
i) Any history of family abuse.
j) Such other factors as the court deems necessary and proper to the determination.
[Based on Code of Virginia, Title 20, Section 20-124.2 and 124.3]
