Virginia best interests custody factors attorney

Virginia does not decide custody on general impressions. Va. Code § 20-124.3 sets out ten factors the court shall consider, and a case organized around those factors is presented in the form the court is required to use. A case organized around what feels unfair is not, and the difference in outcome is substantial. Law Offices Of SRIS, P.C. has practiced since 1997 and Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Reach our location at (888) 437-7747.

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The Ten Factors

Section 20-124.3 requires the court to consider: the age and physical and mental condition of the child; the age and physical and mental condition of each parent; the relationship existing between each parent and each child; the needs of the child, including relationships with siblings, peers and extended family; the role each parent has played and will play 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; the relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child; the reasonable preference of the child where the child is of reasonable intelligence, understanding, age and experience; any history of family abuse or sexual abuse; and such other factors as the court deems necessary and proper.

There are ten, and the last is a catch-all. Presentations that assert a different number, or that treat “best interests” as a factor in itself, are working from something other than the statute.

The Two Factors That Decide the Most Cases

The fifth and the sixth. The role each parent has actually played is proved with records rather than described — who attended appointments, who communicated with the school, who arranged care, who was present for the ordinary week rather than the memorable occasions. A parent claiming a role the documents do not show is contradicted by the documents.

The propensity to support the child’s relationship with the other parent is where high-conflict cases are frequently lost by the parent who feels most wronged. Sustained criticism of the other parent, obstruction of contact, and involving the child in the dispute all speak directly to that factor, and they are visible in the communications both parents will produce.

The Child’s Preference

The eighth factor is conditional. Preference is considered where the child is of reasonable intelligence, understanding, age and experience, and it is one factor rather than a decision. Courts also examine how a stated preference arose, which is why a parent who has discussed the litigation with the child frequently damages the very preference they hoped to rely on.

Building the Case

Address every factor, including the unhelpful ones, because a presentation silent on a factor invites the court to fill the gap with the other parent’s account. Use documents rather than characterization. Where a factor genuinely favors the other parent, acknowledging it and explaining the arrangement that accommodates it is more persuasive than pretending otherwise.

Modification applications work the same way, with the additional requirement of a material change in circumstances before the factors are reached at all.

Frequently Asked Questions

How many factors are there?

Ten, under Va. Code § 20-124.3, the last being a catch-all for other factors the court deems necessary and proper. Material asserting a different number, or treating best interests as a factor in itself, is not working from the statute.

Which factors matter most in practice?

The role each parent has actually played and will play, and each parent’s propensity to support the child’s relationship with the other. The first is proved with records; the second is where high-conflict cases are frequently lost by the parent who feels most wronged.

How is the role each parent played proved?

With documents rather than description — who attended appointments, who communicated with the school, who arranged care, who was present for the ordinary week rather than the memorable occasions. A claimed role the records do not support is contradicted by them.

Does my child get to choose?

The child’s reasonable preference is considered where the child is of reasonable intelligence, understanding, age and experience, and it is one factor rather than a decision. Courts also examine how the preference arose, which is why discussing the case with a child frequently backfires.

Should I address factors that do not favor me?

Yes. A presentation silent on a factor invites the court to fill the gap with the other parent’s account. Acknowledging a factor that favors them, and explaining the arrangement that accommodates it, is more persuasive than pretending it does not exist.

Do the same factors apply to a modification?

Yes, with an additional threshold. A material change in circumstances must be established before the court reaches the factors at all, so a modification application has to clear that first and then address the factors as an initial determination would.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him.

Speak With Mr. Sris

The statute lists ten factors and the court must use them, so the case is built in that form or it is built in the wrong one. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 24, 2026.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

The information on this page is general and is not legal advice. No attorney-client relationship is created by reading it or by contacting the firm. Case results depend on a variety of factors unique to each case. Results may vary.

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Attorney responsible for this advertising: Mr. Sris.