How Virginia Courts Decide Child Custody: Best Interest Factors

By K. Leigh Taylor

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Child Custody

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Last Modified on Sep 25, 2026

If you are in the middle of a divorce or considering petitioning the courts for child custody, you may be wondering how Virginia courts decide child custody. In Virginia, the best interests of the child constitute the standard factor in custody decisions. When you have a custody dispute or concern, it’s crucial to consult with a qualified Virginia child custody attorney to protect your children’s best interests.

At Taylor Huguley Powers PLLC, we’ve been advocating for the rights of parents and their children in Fairfax and the surrounding area with decades of combined legal experience. When you have questions about child custody, we are ready to help you create a sound custody case that prioritizes your children’s well-being.

Child Custody Laws in Virginia

In Virginia, the laws around child custody are codified in Code 20-124.3. These laws state that the best interests of the child are given priority in rulings around custody. Best interests are defined according to 10 enumerated factors, which are:

1. The age and physical and mental condition of the child
2. The age and physical and mental condition of each parent
3. The existing relationship between each parent and each child, including positive involvement in the child’s life and their ability to meet the child’s needs
4. The needs of the child, including consideration given for sibling relationships and other important family bonds
5. The role each parent has played and will continue to play in the child’s life in the future
6. The propensity of each parent to actively support the child’s continued contact and involvement with the other parent
7. The willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child and to cooperate and co-parent with the other parent
8. The reasonable preference of the child, so long as the child can articulate their preference and demonstrates understanding appropriate for their age and intelligence
9. Any history of family violence or abuse that may endanger the child
10. Any other factor that the court deems necessary or pertinent to the decision

While these factors may seem straightforward, there is a degree of subjectivity involved in determining the best interests of the child. When you hire a child custody lawyer, your attorney can help you gather documentation and evidence to demonstrate that you fulfill the criteria necessary to prove that you have the best interests of your child at heart.

Types of Custody in Virginia

Under Va. Code 20-124.2, the courts are authorized to award joint custody on the motion of either parent or at the court’s discretion, but the statute does not create a presumption of joint custody. There are several types of custody in Virginia, which can be combined:

• Legal custody allows the authority to make important decisions around the child’s future.
• Physical custody refers to the parent with whom the child primarily resides.
• Sole legal custody places all decisions about the child’s life with one parent.
• Joint legal custody means that both parents have equal say about decisions concerning the child.
• Sole physical custody means that the child lives primarily with one parent, with the other parent having scheduled visitation rights.
• Joint physical custody means that the child spends substantial time residing with both parents.

The most common custody agreement in Virginia is joint legal custody and primary physical custody, with the non-custodial parent still receiving significant parenting time with their child. For school-aged children, this eases the burden on each parent with transporting the child to and from school, and helps facilitate peer relationships. Twenty-five percent of children who spend equal time with both parents report more family satisfaction.

In very rare cases, one parent may be awarded sole legal custody and sole physical custody if the other parent demonstrates behavior that endangers the child, such as abuse, neglect, a carceral history, or abandonment.

Custody laws are a complex, multi-faceted issue in Virginia. It is vital to seek knowledgeable legal representation before pursuing a divorce with minor children or a custody case.

FAQs

What Is the Most Important Factor Considered When Determining Custody in Virginia?

The most important factor the courts consider when determining custody in Virginia is the safety and best interests of the child. The courts require each parent to provide proof that they have established a continuum of safety and emotional well-being for their children. Another important factor is the preference of the child, so long as they are able to articulate their wishes and express understanding of the custody process.

Is Custody Ever Granted to Fathers?

Full physical custody is granted to the parent who demonstrates that their priority is the best interests of the child, regardless of gender. It is not the automatic assumption of the court that a mother is the more fit parent. Fathers are often granted custody in Virginia, and over 3 million children in the United States live with their fathers only.

What Is the Biggest Mistake in a Custody Battle?

The biggest mistake in a custody case is to fail to consider the child’s best interests. Ongoing conflict with the other parent, situations that compromise the safety and well-being of your child, and refusing to consider the child’s wishes can all affect your custody case. It’s important to provide a nurturing, safe environment for your child to flourish. Regarding custody as a “battle” is detrimental to everyone involved.

What Can Make a Parent Look Bad in Court?

There are several factors that can make a parent look bad in court. Disrespecting judges and court employees, failing to appear at hearings, arguing with the opposing party, and demonstrating an excess of emotion can all create questions about your ability to honor your child’s best interests. Conduct yourself politely and professionally during court appearances and mediation sessions.

Hire a Child Custody Lawyer in Fairfax, VA

At Taylor Huguley Powers PLLC, we know how much you love your children. We’re here to help you build a strong custody case that centers the best interests of your children, while protecting your rights as a parent. Contact us today to learn more about how we can help.