Are child custody decisions based on the best interests of the child?

Yes, child custody decisions in Virginia are based on the best interests of the child. According to Virginia law, the court’s primary concern is the welfare of the child, not the wishes of either parent. The court will consider all relevant factors in making its decision, including the child’s age, health, and mental health, the child’s relationship with each parent, each parent’s ability to care for the child, and any other factors that affect the child’s best interests. The court will also consider the child’s preference, if the child is old enough to express his or her opinion. Virginia law states that children who are 14 years of age or older can testify in court regarding their wishes regarding custody. In addition, the court may appoint a guardian ad litem for the child, who will investigate the case and provide a recommendation to the court. Ultimately, the court will make a determination based on the best interests of the child. The decision may involve joint custody, sole custody, visitation rights, or other arrangements. The court will consider what is in the best interests of the child and make an order that reflects that decision.

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