It's the Kids that Matter!

In 1994 Virginia first codified its present scheme for custody and visitation for children. The Legislature at that time enacted Chapter 6.1 to Title 20 of the Code of Virginia. Today those Best Interest criteria are found in Section 124.3.

For all matters dealing with the custody and/or visitation of minor children these Best Interest considerations SHALL be addressed.

We've copied the first five considerations below:

"1. The age and physical and mental condition of the child, giving due consideration to the child'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'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;"

It should be abundantly clear that it is the BEST INTERESTS of the child(ren) that are considered - not the parents or grandparents!