{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-124.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-124.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-124.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-124.3.html"}],"law_id":72356,"edition_id":1,"section_id":72356,"structure_id":14970,"section_number":"20-124.3","catch_line":"Best interests of the child; visitation","history":"1994, c. 769; 1999, c. 634; 2000, c. 466; 2004, c. 221; 2009, c. 684; 2012, c. 358; 2019, c. 378; 2020, cc. 1074, 1075.","full_text":"In determining best interests of a child for purposes of determining custody or visitation arrangements, including any pendente lite orders pursuant to \u00a7 20-103, the court shall consider the following:\n\n1\n\nThe age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs;2\n\nThe age and physical and mental condition of each parent;3\n\nThe 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\n\nThe 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\n\nThe role that each parent has played and will play in the future, in the upbringing and care of the child;6\n\nThe 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\n\nThe 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\n\nThe 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\n\nAny history of (i) family abuse as that term is defined in § 16.1-228; (ii) sexual abuse; (iii) child abuse; or (iv) an act of violence, force, or threat as defined in § 19.2-152.7:1 that occurred no earlier than 10 years prior to the date a petition is filed. If the court finds such a history or act, the court may disregard the factors in subdivision 6; and10\n\nSuch other factors as the court deems necessary and proper to the determination.\n\t\t\tThe judge shall communicate to the parties the basis of the decision either orally or in writing. Except in cases of consent orders for custody and visitation, this communication shall set forth the judge’s findings regarding the relevant factors set forth in this section. At the request of either party, the court may order that the exchange of a child shall take place at an appropriate meeting place.","order_by":null,"text":{"0":{"id":260631,"text":"In determining best interests of a child for purposes of determining custody or visitation arrangements, including any pendente lite orders pursuant to \u00a7 20-103, the court shall consider the following:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":260632,"text":"The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":260633,"text":"The age and physical and mental condition of each parent;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":260634,"text":"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;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":260635,"text":"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;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":260636,"text":"The role that each parent has played and will play in the future, in the upbringing and care of the child;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":260637,"text":"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;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":260638,"text":"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;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":260639,"text":"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;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":260640,"text":"Any history of (i) family abuse as that term is defined in § 16.1-228; (ii) sexual abuse; (iii) child abuse; or (iv) an act of violence, force, or threat as defined in § 19.2-152.7:1 that occurred no earlier than 10 years prior to the date a petition is filed. If the court finds such a history or act, the court may disregard the factors in subdivision 6; and","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":260641,"text":"Such other factors as the court deems necessary and proper to the determination.\n\t\t\tThe judge shall communicate to the parties the basis of the decision either orally or in writing. Except in cases of consent orders for custody and visitation, this communication shall set forth the judge’s findings regarding the relevant factors set forth in this section. At the request of either party, the court may order that the exchange of a child shall take place at an appropriate meeting place.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9"}},"ancestry":[{"id":14970,"edition_id":1,"name":"Custody and Visitation Arrangements for Minor Children","identifier":"6.1","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:51:10","date_modified":"2026-06-26 03:51:10","permalink":{"id":179165,"object_type":"structure","relational_id":14970,"identifier":"6.1","token":"20\/6.1","url":"\/20\/6.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60825,"structure_id":14970,"section_number":"20-124.1","catch_line":"Definitions","url":"\/20-124.1\/","token":"20\/6.1\/20-124.1","metadata":false},{"id":57103,"structure_id":14970,"section_number":"20-124.2","catch_line":"Court-ordered custody and visitation arrangements","url":"\/20-124.2\/","token":"20\/6.1\/20-124.2","metadata":false},{"id":84426,"structure_id":14970,"section_number":"20-124.2:1","catch_line":"In camera interviews of child; record","url":"\/20-124.2_1\/","token":"20\/6.1\/20-124.2_1","metadata":false},{"id":72356,"structure_id":14970,"section_number":"20-124.3","catch_line":"Best interests of the child; visitation","url":"\/20-124.3\/","token":"20\/6.1\/20-124.3","metadata":false},{"id":59997,"structure_id":14970,"section_number":"20-124.3:1","catch_line":"Repealed","url":"\/20-124.3_1\/","token":"20\/6.1\/20-124.3_1","metadata":false},{"id":76609,"structure_id":14970,"section_number":"20-124.4","catch_line":"Mediation","url":"\/20-124.4\/","token":"20\/6.1\/20-124.4","metadata":false},{"id":59969,"structure_id":14970,"section_number":"20-124.5","catch_line":"Notification of relocation","url":"\/20-124.5\/","token":"20\/6.1\/20-124.5","metadata":false},{"id":77145,"structure_id":14970,"section_number":"20-124.6","catch_line":"Access to minor's records","url":"\/20-124.6\/","token":"20\/6.1\/20-124.6","metadata":false}],"previous_section":{"id":84426,"structure_id":14970,"section_number":"20-124.2:1","catch_line":"In camera interviews of child; record","url":"\/20-124.2_1\/","token":"20\/6.1\/20-124.2_1","metadata":false},"next_section":{"id":59997,"structure_id":14970,"section_number":"20-124.3:1","catch_line":"Repealed","url":"\/20-124.3_1\/","token":"20\/6.1\/20-124.3_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-124.3\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 769<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1999, chapter 634<\/a>; in 2000, chapter 466<\/a>; in 2004, chapter 221<\/a>; in 2009, chapter 684<\/a>; in 2012, chapter 358<\/a>; in 2019, chapter 378<\/a>; in 2020, chapters 1074<\/a> and 1075<\/a>.<\/p>","references":[{"id":84074,"section_number":"16.1-351","catch_line":"Court order approving standby guardianship; authority; when effective","order_by":null,"url":"\/16.1-351\/"}],"refers_to":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":81395,"section_number":"19.2-152.7:1","catch_line":"Definitions","order_by":null,"url":"\/19.2-152.7_1\/"},{"id":84768,"section_number":"20-103","catch_line":"Court may make orders pending suit for divorce, custody or visitation, etc","order_by":null,"url":"\/20-103\/"}],"permalink":{"id":179179,"object_type":"law","relational_id":72356,"identifier":"20-124.3","token":"20\/6.1\/20-124.3","url":"\/20-124.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-124.3\/","token":"20\/6.1\/20-124.3","dublin_core":{"Title":"Best interests of the child; visitation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-124.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In determining best interests of a child for purposes of determining custody<\/span> or visitation arrangements, including any pendente lite<\/span> orders<\/span> pursuant to \u00a7 20-103<\/a>, the court<\/span> shall consider the following:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The age and physical and mental condition of each parent; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The role that each parent has played and will play in the future, in the upbringing and care of the child; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The reasonable preference of the child, if the court<\/span> deems the child to be of reasonable intelligence, understanding, age, and experience to express such a preference; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Any history of (i) family abuse as that term is defined in § 16.1-228<\/a>; (ii) sexual abuse; (iii) child abuse; or (iv) an act of violence, force, or threat as defined in § 19.2-152.7:1<\/a> that occurred no earlier than 10 years prior to the date a petition<\/span> is filed. If the court<\/span> finds such a history or act, the court<\/span> may disregard the factors in subdivision 6; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Such other factors as the court<\/span> deems necessary and proper to the determination.\n\t\t\tThe judge<\/span> shall communicate to the parties the basis of the decision either orally or in writing. Except in cases of consent orders<\/span> for custody<\/span> and visitation, this communication shall set forth the judge<\/span>’s findings<\/span> regarding the relevant factors set forth in this section. At the request of either party<\/span>, the court<\/span> may order<\/span> that the exchange of a child shall take place at an appropriate meeting place. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBEST INTERESTS OF THE CHILD; VISITATION (\u00a7 20-124.3)\n\nIn determining best interests of a child for purposes of determining custody or\nvisitation arrangements, including any pendente lite orders pursuant to \u00a7\n20-103, the court shall consider the following:\n\n1. The age and physical and mental condition of the child, giving due\nconsideration to the child’s changing developmental needs;\n\n2. The age and physical and mental condition of each parent;\n\n3. The relationship existing between each parent and each child, giving due\nconsideration to the positive involvement with the child’s life, the\nability to accurately assess and meet the emotional, intellectual, and physical\nneeds of the child;\n\n4. The needs of the child, giving due consideration to other important\nrelationships of the child, including but not limited to siblings, peers, and\nextended family members;\n\n5. The role that each parent has played and will play in the future, in the\nupbringing and care of the child;\n\n6. The propensity of each parent to actively support the child’s contact\nand relationship with the other parent, including whether a parent has\nunreasonably denied the other parent access to or visitation with the child;\n\n7. The relative willingness and demonstrated ability of each parent to maintain\na close and continuing relationship with the child, and the ability of each\nparent to cooperate in and resolve disputes regarding matters affecting the\nchild;\n\n8. The reasonable preference of the child, if the court deems the child to be of\nreasonable intelligence, understanding, age, and experience to express such a\npreference;\n\n9. Any history of (i) family abuse as that term is defined in § 16.1-228;\n(ii) sexual abuse; (iii) child abuse; or (iv) an act of violence, force, or\nthreat as defined in § 19.2-152.7:1 that occurred no earlier than 10 years\nprior to the date a petition is filed. If the court finds such a history or act,\nthe court may disregard the factors in subdivision 6; and\n\n10. Such other factors as the court deems necessary and proper to the\ndetermination.\n\t\t\tThe judge shall communicate to the parties the basis of the decision either\norally or in writing. Except in cases of consent orders for custody and\nvisitation, this communication shall set forth the judge’s findings\nregarding the relevant factors set forth in this section. At the request of\neither party, the court may order that the exchange of a child shall take place\nat an appropriate meeting place.\n\nHISTORY: 1994, c. 769; 1999, c. 634; 2000, c. 466; 2004, c. 221; 2009, c. 684;\n2012, c. 358; 2019, c. 378; 2020, cc. 1074, 1075.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}