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Factors Affecting Custody
VIRGINIA CODE § 20-124.3. Best
interests of the child; visitation.
In determining best interests of a child for purposes of
determining custody or visitation arrangements including any pendente
lite orders pursuant to §20-103, the court shall consider the
following:
1. The age and physical and mental condition of the child, giving
due consideration to the child's changing developmental needs;
2. The age and physical and mental condition of each parent;
3. The relationship existing between each parent and each child,
giving due consideration to the positive involvement with the child's
life, the ability to accurately assess and meet the emotional, intellectual
and physical needs of the child;
4. The needs of the child, giving due consideration to other important
relationships of the child, including but not limited to siblings,
peers and extended family members;
5. The role which each parent has played and will play in the
future, in the upbringing and care of the child;
6. The propensity of each parent to actively support the child's
contact and relationship with the other parent, including whether
a parent has unreasonably denied the other parent access to or visitation
with the child;
7. The relative willingness and demonstrated ability of each parent
to maintain a close and continuing relationship with the child,
and the ability of each parent to cooperate in and resolve disputes
regarding matters affecting the child;
8. The reasonable preference of the child, if the court deems
the child to be of reasonable intelligence, understanding, age and
experience to express such a preference;
9. Any history of family abuse as that term is defined in §
16.1-228; and
10. Such other factors as the court deems necessary and proper
to the determination.
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