How Do Virginia Courts Decide Custody?

Written by: Kate Beurmann-O’Neill

When parents can’t agree on custody, a Virginia court will step in to make the decision. The court’s main goal? To determine what arrangement serves the best interests of the child, not what’s easiest for either parent.

Here’s how the process works and what judges consider when making these important decisions.

The “Best Interests of the Child” Standard

Virginia law outlines ten key factors judges must evaluate under Virginia Code § 20-124.3 when determining custody and visitation. These include:

1. The child’s age, physical, and mental condition.
2. Each parent’s age, physical, and mental condition.
3. The relationship between the child and each parent.
4. The child’s needs — emotional, intellectual, and physical.
5. The role each parent has played and will play in the future.
6. Each parent’s ability to support the child’s relationship with the other parent.
7. The willingness of each parent to cooperate and resolve disputes.
8. The child’s preference (if of sufficient age, intelligence, and experience).
9. Any history of family abuse.
10. Any other factors the court deems relevant.

Custody Evaluations and Guardian ad Litem

In some cases, the court may appoint a guardian ad litem (GAL) — an attorney who represents the child’s best interests. The GAL will investigate the family situation, speak with the child, and provide recommendations to the court.

Temporary vs. Permanent Orders

Custody orders can be temporary (issued during the divorce or separation process, also referred to as pendente lite) or permanent (after the court has reviewed all evidence). Even permanent orders can later be modified if circumstances change — for example, if one parent relocates or the child’s needs evolve.

Final Thoughts

Custody decisions are rarely easy, but understanding how the process works can help parents prepare and focus on what truly matters: their child’s wellbeing.

If you’re considering getting a divorce, contact our Family Law team at Vanderpool, Frostick & Nishanian, P.C. We’ll guide you through the process and help you move forward with confidence.

If you have any questions, please call Kate Beurmann-O’Neill at 703-369-4738 or info@vfnlaw.com.

This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer