All family law cases are different. Despite this, the court applies some key principles to all cases.
For custody matters, the deciding factor is the best interests of the child. What does this mean in practice?
Determining the child’s best interests in Virginia
Several factors contribute to the best interest of the child. Some notable points include:
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The child’s age and health condition: The court will assess the child’s needs based on their age and whether or not they require any special care.
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Whether parents can meet these needs: The court will assess the bond each parent has with their child. They will also consider the financial stability of each parent and their home environment.
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The child’s preferences: In some cases, the child’s preferences may be considered. However, the child must be mature enough to express a reasoned opinion and this is not the deciding factor.
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The child’s routine: Generally, the court prefers to keep the child in a stable routine. This includes attending the same school if possible and living in the same neighborhood.
Parents should try to cooperate
One of the key factors in determining the child’s best interests is stability. It is beneficial if both parents can get along and honor existing legal orders. If custody modifications are required, it is usually much more efficient if both parents are on the same page.
Family law matters can be complicated. Thinking about your child’s best interests can help you draft sound parenting plans and adjust them when needed. To learn more about the best interest of the child standard in Virginia, it may help to seek legal guidance.
