Child Custody and Visitation

The Duff Law Firm represents clients in court and in mediation on child custody and visitation cases, including modification of existing orders and relocation issues.

Whenever issues of custody or visitation of minor children has to be decided by a Judge, then both parents are required to present testimony from witnesses, and other forms of evidence, as to the child’s or children’s “best interests.” Set forth below are ten factors which the Judge will consider when he or she decides what custodial or visitation arrangement is, indeed, in your child’s “best interests”:

1. The age, 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, and 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'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 family abuse as that term is defined in Virginia Code § 16.1-228 or sexual abuse. If the court finds such a history, the court may disregard the factors in subdivision 6; and
10. Such other factors as the court deems necessary and proper to the determination.

If you are involved in issues of custody and visitation for your children, it is crucial that your position be heard by the presiding judge. The Duff Law Firm will make certain that all evidence necessary to support and validate your position is available for settlement or at trial if one is required.