JUSTCAUSE JOURNAL

Published by JUSTCAUSE COUNSEL, PLLC

How to Win Custody

by Teresa E. McGarrity

To win your child custody case, you or your attorney must persuade the Judge that your child's best interests will be promoted by granting your custody request.  A winning custody case will focus on evidence relating to the Best Interest Factors that will guide the Judge's decision.  

Virginia law -- and the law of most states -- requires judges to base their child custody decisions on consideration of the following factors related to each child's best interests:

Best Interest Factors for Child Custody

1.  Your child's age, physical condition, and mental condition, and your child's changing developmental needs;

2.  Each parent's age, physical condition, and mental condition.

3.  Your child's relationship with each parent, the positive involvement of each parent with the child's life, and each parent's ability to accurately assess and meet your child's emotional, intellectual, and physical needs.

4.  Your child's needs in light of your child's other important relationships, including siblings, peers, extended family members, and any other important relationships.