How is child custody determined in Virginia during a contested divorce case?

Under Virginia custody laws, if the two parents cannot create an agreement- or parenting plan- outside of court, then the issue of custody will have to be litigated. The court discourages this and tries, whenever possible, to have the parents create a parenting agreement themselves, or through the process of mediation. If this is not possible, then the court will make the decision during the litigated divorce process. 

In order for the court to make a decision on custody, there are several different things they will consider under Virginia state law. All of the different factors that they consider are designed to help them identify one thing though- all of the things they consider, they look at to determine what is in the best interests of the child. Ultimately, whatever the court decides will be driven by this desire to do what is best for the child or children in question. 

Factors that are used to determine the best interests of the child include:

• Can one or both parents provide a stable and supportive home life, with emotional and financial nurturing and support? If so, then the court may grant joint custody whenever possible
• Are there factors that suggest one parent is not able to provide a solid home life? This can include addiction, abuse, neglect, or even things such as an unsuitable living companion being moved into the home where the child would be residing
• Whether each parent is willing to allow a continued relationship with the other parent? If one parent shows evidence that he will turn the child against the other, this could make the court reluctant to place the child with the parent who will alienate him from his other caregiver
• Who has been the child's main or primary caregiver in the past, and what relationship does the child have with each parent?

Other factors be also be considered as well, depending on your personal situation. The best thing to do when dealing with custody disputes is to contact an experienced attorney who can assist you in fighting for your child.