Virginia Order regarding Custody

In many states, when there are unmarried parents, the default position of the court is to give custody to the mother unless the father takes action to gain custody. In Virginia, once paternity is established, the courts do not favor one parent over the other. Instead, they look at the best interest of the child.

The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

If you and the other parent cannot reach an agreement in regards to child custody, you may have to go to court. When this happens, the judge will weigh the most important factor in your child custody decision: the best interests of your children.

Virginia law requires a judge to assure regular and frequent contact of the child with both parents. Virginia law doesn't assume shared physical custody of a child is favored. However, more and more often judges are granting shared physical custody, as well as joint legal custody.

Your child's mental condition. If there is a history of family abuse. Any role parents play in your child's relationship, including extended family. Your child's age and ability to understand and express their preferences.

Courts look to see if the child has the intelligence and understanding to voice a reasonable preference on a case-by-case basis. Children aged 14 and older, are generally old enough and mature enough to express a preference, and in that case, the judge must factor their opinions into custody decisions.

Custody of the parties' children will be decided by the court based on what is in the best interests of the children. If the parties agree to a custody arrangement, the court must still make its own determination as to whether the arrangement is appropriate and in the best interests of the children.