How does the court decide which parent should have primary custody?

In Virginia, the court decides the primary custodial parent according to the best interests of the child. The best interests of the child are the primary focus of all child custody decisions in Virginia. When making a determination, the court considers a variety of factors, including the parents’ past and present abilities to cooperate with each other and with the child, the parents’ ability to provide the child with appropriate care and affection, the age and health of the parents and the child, the quality of the child’s relationship with each parent, the child’s physical and emotional needs, the stability of the home environment, the child’s preference (if over a certain age), and the effects of the child’s relocation. In addition, any evidence of family violence or abuse is given significant weight in determining the primary custodial parent. Ultimately, the court has wide discretion in determining primary custody, and its decision is based on its evaluation of all the facts before it according to the best interests of the child.

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How does the court decide which parent should have primary custody?

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