Parents walking into a custody case in Roanoke or Salem usually want to know one thing: what will the judge actually consider? Virginia law answers that question directly. Every custody decision runs through the “best interests of the child” factors listed in Virginia Code Section 20-124.3 – and understanding those factors is the foundation of every custody strategy we build.
The Factors That Matter
Virginia judges must consider, among other things:
- The age and physical and mental condition of the child and each parent
- The relationship existing between each parent and the child
- The needs of the child, including relationships with siblings and extended family
- The role each parent has played in the child’s upbringing – who handles doctor visits, school, meals, bedtime
- Each parent’s willingness to support the child’s relationship with the other parent
- Each parent’s willingness to maintain a close relationship and cooperate in disputes
- The reasonable preference of a child of suitable age and maturity
- Any history of family abuse
The Factor Parents Underestimate
In our experience in the Roanoke Valley courts, the willingness to support the child’s relationship with the other parent carries enormous weight. A parent who badmouths the other parent, blocks phone calls, or plays gatekeeper hands the other side their best evidence. Judges notice generosity – and they notice its absence.
There Is No Automatic Winner
Virginia law gives no preference to mothers over fathers or to either parent based on income. Courts start from the premise that children benefit from frequent and continuing contact with both parents where appropriate. What wins custody cases is a documented record of hands-on parenting, stability, and cooperation.
Building Your Case
Custody cases are won long before the hearing: school records showing who attends conferences, medical records showing who takes the children to appointments, calendars, messages showing cooperative co-parenting. We help parents assemble that record and present it persuasively – in negotiation first, and in the courtroom when needed.
Talk to a Custody Lawyer in Roanoke or Salem, VA
Advocate Law, PLLC helps parents throughout Roanoke, Salem, and the surrounding valley with custody, divorce, and family law matters. Call (540) 343-9800 or contact us online to schedule a consultation.