                                 CODE OF VIRGINIA

BEST INTERESTS OF THE CHILD; VISITATION (§ 20-124.3)

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&#8217;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&#8217;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 that 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&#8217;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 (i) family abuse as that term is defined in &#xA7; 16.1-228;
(ii) sexual abuse; (iii) child abuse; or (iv) an act of violence, force, or
threat as defined in &#xA7; 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

10. Such other factors as the court deems necessary and proper to the
determination.
			The 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&#8217;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.

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.