What Does Best Interests of the Child Actually Mean in a Virginia Court?

You hear the phrase constantly. But when a Virginia judge is sitting across from two parents, here is what they are actually evaluating.

Attorney Shameka L. Rhoades of Trustice Law Group breaks down what best interests of the child truly means in Virginia, how the 10 legal factors work in practice, and why the texts and emails you send right now may one day be read aloud in a courtroom. In this segment from ABC News Showcase, Shameka covers:

• What the 10 custody and visitation factors actually look at
• Why withholding a child from the other parent hurts your case
• How text messages and emails become courtroom evidence
• Why a parent’s ability to co-parent affects legal custody outcomes
• What surprises people most when they meet with a family law attorney

Watch the full segment below:

The 10 Factors Virginia Courts Must Consider

When a Virginia judge makes a custody and visitation decision, they are not going on instinct or personal preference. They are working through a specific set of 10 legal factors under VA Code Section 20-124.3.

Every factor must be considered. For each one, the judge evaluates whether it points toward one parent or the other, or whether it does not apply in this particular situation. Some of the most important factors include:

• The child’s preference, if they are old enough and have the mental capacity to form a genuine opinion (Factor 8)
• Each parent’s willingness to support the child’s relationship with the other parent (Factor 6)
• Each parent’s history of involvement in the child’s life and caregiving (Factor 3)
• The age and physical and emotional condition of the child (Factor 1)
• Any history of abuse or domestic violence (Factor 9)

Withholding Your Child Hurts Your Case

One of the 10 factors judges evaluate is whether each parent actively supports the child’s relationship with the other parent. A parent who withholds the child, blocks phone calls, or interferes with scheduled parenting time is not just creating conflict. They are actively creating evidence against themselves.

Courts want both parents to maintain meaningful relationships with the child. A parent who undermines that is demonstrating exactly the opposite of what courts want to see.

Your Texts and Emails Are Courtroom Evidence

Shameka’s advice here is direct: send every text and email as though a judge is going to read it aloud in the courtroom. Because that happens regularly.

Messages sent in anger, hostile messages, or messages that demonstrate an inability to communicate professionally with the other parent can all be presented as evidence. The safer standard: if you would not be comfortable with a judge hearing it, do not send it.

Co-Parenting Ability Affects Legal Custody

Joint legal custody only works when parents can actually communicate and reach decisions cooperatively. When courts see that two parents are fundamentally unable to co-parent, they may award sole legal custody to one parent rather than place every significant decision in the hands of two people who cannot work together.

Being the parent who is willing to communicate, compromise, and cooperate is not just the right thing for your child. It is also strategically important for your case.

What Surprises People Most

Shameka hears the same surprise from clients regularly. They arrive expecting to get what they want simply because they want it. They expect their child to be able to decide. They expect the outcome to follow their preferred schedule.

Coming in with flexibility, a willingness to compromise, and an understanding of what courts are actually evaluating puts you in a far stronger position than arriving with rigid demands.

Trustice Law Group: Virginia Custody Attorneys Who Prepare You for What Courts Actually Weigh

At Trustice Law Group, we help parents across Virginia understand the 10 factors, prepare their evidence, and present the strongest possible case for their children’s best interests. We are a female-owned Virginia family law firm.

Real Law. Real Talk. Real Options.

Request a consultation or call us at 804-593-0788.

#TrustUsWithYourJustice

FAQs

What are the best interests factors Virginia courts use in custody cases?

Virginia courts evaluate 10 factors under VA Code Section 20-124.3, including the child’s preference if old enough, each parent’s willingness to support the other’s relationship with the child, caregiving history, the child’s age and needs, and any history of abuse or safety concerns.

Can text messages be used against me in a Virginia custody and visitation case?

Yes. Text messages, emails, and social media posts can all be presented as evidence in court. Messages that are hostile or demonstrate inability to co-parent can directly affect the outcome.

What happens if one parent refuses to co-parent in Virginia?

A parent’s willingness to support the child’s relationship with the other parent is one of the 10 factors courts must consider. Refusing to co-parent may result in the court awarding less decision-making authority to that parent.