For parents going through a divorce or separation, nothing is more important than the well-being of their children. The question of who will have custody can be the most emotionally charged and difficult aspect of the entire process. If you are a parent in Loudoun County, you are likely feeling a great deal of anxiety about what will happen and how the court will decide the future of your family. You want what is best for your children, but you may not know what the court considers to be in their best interests.
At Raheen Family Law, we have helped countless parents navigate the complexities of child custody in Loudoun County. We understand that this is a time of immense stress and uncertainty. Our goal is to provide you with a clear understanding of how child custody is determined in Virginia, so you can be better prepared to advocate for your children and your parental rights.
The “Best Interests of the Child” Standard
In Virginia, all custody and visitation decisions are based on one guiding principle: the best interests of the child. This means that a judge in the Loudoun County Juvenile and Domestic Relations District Court or the Circuit Court will not give preference to the mother or the father. Instead, the judge will weigh a series of factors to determine the custody arrangement that will best support the child’s health, safety, and overall well-being.
Virginia law outlines ten specific factors that judges must consider. These are often referred to as the “best interests of the child” factors. Let’s take a closer look at what they are:
- The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs.
- The age and physical and mental condition of each parent.
- The relationship existing between each parent and each child, giving due consideration to the positive involvement of each parent with the child.
- 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.
- The role that each parent has played and will play in the future, in the upbringing and care of the child.
- 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.
- 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.
- 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.
- Any history of family abuse or sexual abuse.
- Such other factors as the court deems necessary and proper to the determination.
How a Loudoun County Judge Applies These Factors
A judge in Loudoun County will hear evidence related to each of these factors to make a custody determination. This is not a simple checklist; the judge will look at the totality of the circumstances. For example, the judge will want to know which parent has historically been the primary caregiver, taking the child to doctor’s appointments, helping with homework, and participating in school activities. They will also look at which parent is more likely to foster a positive relationship between the child and the other parent.
It is important to present evidence that addresses these factors. This can include your own testimony, testimony from other witnesses, and documents such as school records, medical records, and communications between you and the other parent.
Frequently Asked Questions About Child Custody Determination
At what age can a child decide who they want to live with in Virginia?
There is no specific age at which a child can decide. The court will consider the reasonable preference of a child who is mature enough to express one, but the child’s preference is just one of the ten factors the court will consider. It is not the deciding factor.
Will I lose custody if I work full-time?
No. In today’s world, most parents work full-time. The court will look at the quality of your relationship with your child and the plans you have in place for their care while you are at work.
What is the difference between legal and physical custody?
Legal custody refers to the right to make important decisions for your child, such as those related to education, healthcare, and religious upbringing. Physical custody refers to where the child lives. Custody can be “joint” (shared by both parents) or “sole” (exercised by one parent).
A Compassionate Advocate for Your Family
Child custody is the most sensitive and important issue you will face in your family law case. You need an attorney who not only understands the law but also understands the emotional weight of what you are going through. The attorneys at Raheen Family Law are dedicated to protecting your parental rights and fighting for the best interests of your children. To learn more about how we can help, we invite you to visit our website and our child custody and visitation page. When you are ready to talk, Call our Fairfax Divorce Lawyer Now! at 703-223-5295 or contact us to schedule a confidential consultation.