What factors does the court consider when awarding custody?

When awarding child custody in Virginia, courts take several factors into consideration. These factors are designed to ensure the best interests of the child are met. First, the court considers the child’s age, health, and emotional needs. If a child is very young, the court will likely prefer that the custody award be made to the parent best able to provide needed physical and emotional care. As a child grows older, the court may look to other factors. The court also considers the parents’ financial stability. Courts prefer to award custody to a parent who can best financially support a child. This can include the parent’s income, ability to provide housing, and any other tangible evidence of financial security. Because the court wants to ensure each parent maintains a meaningful relationship with the child, the court also looks to determine which parent is best able to foster such a relationship. This includes a parent’s ability to provide a consistent and loving home, encourage the child’s growth, and provide necessary training and discipline. Finally, the court will usually consider the child’s preference, if the child is old enough to provide a reasonable opinion. However, the court’s decision is ultimately based on what is deemed to be in the best interests of the child.

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