Determining the best interests of the child is the key factor in all custody cases. While no single rule applies to every situation, Virginia has codified this matter somewhat in §20-124.3 of the Virginia Code.
What are the key issues the family courts examine when it comes to the best interests of the child?
The specific needs of the child
Every child is different, meaning that their needs are unique. Courts examine the age and emotional, physical, and mental condition of each child. Some children gain their independence quite quickly, while others need more hands-on parenting. Some children may have physical and mental health issues that require a specific type of care. These are all factors that the family court considers in Virginia when determining the best interests of the child.
The ability of each parent to meet those needs
The court will also consider the ability of each parent to accurately assess and meet those physical, emotional, and intellectual needs of the child. Tied into this are the relationships each parent has already established with the child. For example, one parent may have provided day-to-day care for several years. While that parent would argue that the court should not want to disrupt this, as stability is a key part of determining what is in the child’s best interests, it really also matters why that parent was the “day-to-day” caretaker, and if the other parent has tried to make major improvements since the parties’ separation.
The court will also carefully assess whether or not there are any safety issues. For instance, if there is a history of domestic abuse (especially abuse of the children, specifically), then the court will factor this into their custody ruling. Other than in extreme cases, the courts typically deem both parents being involved in the child’s upbringing as the best approach. However, the court can implement things such as supervised visitation to ensure that the child is always safe.
Other factors that the court may consider include:
- The preferences of the child
- The child’s age
- The cooperativeness of each parent not just in resolving disputes about the child, but in working to support the child’s relationship with the other parent
- The child’s relationship with extended family members
- The physical and mental condition of each parent
Child custody cases can be complex. While court orders are binding, they can be modified should they not meet the best interests of the child. However, doing so is time consuming and costly, so it is best to try and reach a sustainable, long-term resolution wherever possible. Seeking legal guidance will help you to come up with the best possible strategy.
