Quick answer
What are the 10 best interests factors under Va. Code § 20-124.3?
Here is the answer: Virginia Code § 20-124.3 sets out ten factors a judge must weigh before deciding custody or visitation. The judge has to consider every one, but no single factor decides the case, and the statute does not rank them. All ten are listed in full further down this page, in plain English.
- The judge must consider all ten. Skipping one is grounds for appeal, which is why orders often recite the factors one by one.
- None of them wins on its own. There is no scoring system and no threshold. The judge weighs them together.
- Two carry real weight in practice. Who has done the day to day caregiving, and whether each parent will support the child’s relationship with the other.
- Factor ten is a catch-all. It lets the court consider anything else it finds necessary and proper, which is where the specifics of your family come in.
Source: Va. Code §§ 20-124.2, 20-124.3. Verified as of July 2026.
Want to know how these factors apply to your family? Call 571 260 0999
In Virginia, the best interests of the child is the single test a judge uses to decide custody, and Virginia Code § 20-124.3 sets out ten factors the court must weigh. No factor wins by itself. In practice, judges lean most heavily on the bond between each parent and the child who has done the day-to-day caregiving, and on whether each parent will support the child’s relationship with the other. The rest of this page walks through all ten.
The 10 best interests factors under Va. Code § 20-124.3
Virginia Code § 20-124.3 sets out ten factors a court weighs to decide what arrangement best supports the child’s emotional, physical, and developmental needs:
- The child’s age and physical and mental condition, with weight given to the child’s changing developmental needs.
- Each parent’s age and physical and mental condition.
- The relationship between each parent and the child, including how well each parent can read and meet the child’s emotional, intellectual, and physical needs.
- The child’s needs, including the child’s other important relationships, such as siblings, friends, and extended family.
- The role each parent has played, and will play going forward, in raising and caring for the child.
- Each parent’s willingness to support the child’s contact and relationship with the other parent, including whether a parent has unreasonably blocked access or visitation.
- Each parent’s willingness and proven ability to keep a close, continuing relationship with the child, and to cooperate on matters affecting the child.
- The child’s own preference, if the court finds the child old and mature enough to express one.
- Any history of family abuse or sexual abuse.
- Any other factors the court finds necessary and proper to decide the matter.
The court does not weigh each factor equally, but it must consider all of them before issuing a custody or visitation order.
Prepare for your consultation
Best Interests Factor Worksheet
A judge weighs ten factors when deciding custody in Virginia. Before we meet, jot down where your family stands on each one. It makes our time together count, and it helps you see your own case clearly. Here is what to think through:
- 1Each child’s age and any physical, developmental, or mental-health needs, plus the records that show them.
- 2Anything about either parent’s health that affects caregiving. Keep it honest, and both ways.
- 3Your bond with your child, and how you read and meet their emotional, learning, and physical needs.
- 4The people and places that matter to your child, and which schedule keeps those relationships steady.
- 5The day-to-day caregiving you have done and plan to keep doing, and what could show it.
- 6How you have supported your child’s time with the other parent. Keep this factual.
- 7How you communicate and make decisions with the other parent.
- 8What an older child has said about where they want to live, without pressure. Ask us how a court treats this.
- 9Any history of abuse, and any records. Tell us directly, and call 911 in an emergency.
- 10Anything else that affects your child: housing, work schedules, distance between homes, a new partner, substance concerns.
This is a preparation aid, not legal advice, and it does not decide your case. Which factors carry the most weight depends on your facts, and we will walk through that together.
Also common
Is Virginia a 50/50 custody state?
Here is the answer: Virginia has no automatic rule that splits time 50/50. Courts decide custody by the child’s best interests. That said, equal time is common and fully available when it fits the child’s needs and both parents can make it work. Popular equal schedules include week on, week off and the 2-2-3 rotation.
- No automatic split. The judge starts from the child’s best interests, not a fixed formula.
- Week on, week off. The child spends one full week with each parent in turn.
- The 2-2-3 rotation. Two days with one parent, two with the other, then a three day weekend that alternates.
- What courts want to see. Homes close enough, low conflict, and a real ability to share decisions.
Source: Va. Code §§ 20-124.2, 20-124.3. Verified as of July 2026.
Want to know if equal time is realistic for your family? Call 571 260 0999
How to Demonstrate Best Interests in Court
When seeking custody, parents should focus on presenting themselves as stable, responsible, and child-focused. Ways to show this include:
– Documentation of school involvement, medical appointments, and extracurricular activities.
– Testimony from teachers, counselors, and caregivers.
– Evidence of communication and cooperation with the other parent.
– A proposed parenting plan that meets the child’s needs.
Legal and Physical Custody Considerations
Virginia distinguishes between legal custody (decision-making authority) and physical custody (where the child lives). Courts may award joint legal custody even if one parent has primary physical custody. Demonstrating your commitment to co-parenting and placing the child’s needs above conflict is essential.
Why This Matters
Judges take the best interests standard seriously and it is the guiding principle for judges as they consider how to award custody between parents. Custody orders are not meant to punish parents but to ensure the child has the best chance to thrive. Whether you’re preparing for an initial custody hearing or seeking to modify an existing order, working with a Virginia family law attorney who understands this legal framework is critical.
If you have questions about your family law matter or want guidance tailored to your situation, contact the experienced attorneys at NOVA Legal Professionals. We serve clients across Northern Virginia with compassionate and strategic legal support. Call us today to schedule a consultation and learn how we can help protect your rights and your future.