PMJF Blog

Child Custody

Child custody and visitation is often the single most important issue in the lives of single, separated, or divorced parents.  It is also the most stressful and emotionally challenging issue that many of us will ever deal with.  Our attorneys are here to help you whenever a child custody issue arises whether pre- or post-separation or divorce or in the case of single parents seeking custody or modification of previous custody decrees.  The importance of a well presented case in custody proceedings cannot be overemphasized.  Please seek the assistance of qualified counsel whenever custody of your children is at issue.

Child custody proceedings in Virginia are governed by statute.  The basic approach for the determination of custody and visitation is set forth at Virginia Code § 20-124.3, which generally states that the guiding principle in such determinations is the “best interest of the child”.  Here are the factors as set forth in the statute:

  • In determining best interests of a child for purposes of determining custody or visitation arrangements including any pendente lite orders pursuant to § 20-103, the court shall consider the following:

1. The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs;

2. The age and physical and mental condition of each parent;

3. 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;

4. 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;

5. The role that each parent has played and will play in the future, in the upbringing and care of the child;

6. 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;

7. 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;

8. 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;

9. Any history of family abuse as that term is defined in § 16.1-228 or sexual abuse. If the court finds such a history, the court may disregard the factors in subdivision 6; and

10. Such other factors as the court deems necessary and proper to the determination.

As one can imagine, covering each of these factors thoroughly is a complex and detailed process.  Our attorneys have years of experience with custody and visitation cases and can help you put on the best case possible in order to see that the best interests of your child or children are met.  Please contact our Downtown Lynchburg office if child custody or visitation is an issue in your life.

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