VIRGINIA Part 58

How will a judge make a decision about custody?

A judge will make a decision about custody based on what s/he thinks is in your child’s best interest.* The judge will look at any factor that s/he thinks is important in making this decision. Some of the things a judge will look at include:

The age and physical and mental condition of the child;

The age and physical and mental condition of each parent;

The relationship existing between each parent and each child, and the ability of each parent to meet the emotional and physical needs of the child;

The needs of the child, including other important relationships in the child’s life such as siblings, friends and other family relatives;

The role that each parent has played in the child’s life, and the role each parent will play in the future;

The likelihood that a parent will actively support the child’s relationship with the other parent, which includes looking at whether a parent has denied the other parent access to the child in the past, without good reason for doing so;