When courts in Virginia determine child custody arrangements, their primary goal is to determine the best interests of the child. To achieve this, judges weigh 10 specific factors laid out in Virginia Code § 20-124.3. Each factor sheds light on different aspects of the child’s well-being and the parents’ abilities to nurture it.
In this article, we take a closer look at Factor 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.”
This factor is particularly significant because it emphasizes the importance of co-parenting and fostering healthy relationships between the child and both parents, even after separation or divorce.
Why Supporting the Child’s Relationship with the Other Parent Matters
It’s well-established that children generally benefit from having strong, stable relationships with both parents, provided that both parents are fit and it’s safe to do so. Maintaining bonds with both parents supports a child’s emotional development, reduces feelings of loss or guilt, and promotes a sense of security during a period of change.
Virginia courts strongly favor arrangements that allow the child to maintain meaningful contact with both parents. This doesn’t mean that each parent will necessarily get equal time, but it does mean that the spirit of cooperation and respect between parents plays a vital role in the custody decision.
Evaluating Parental Willingness
In considering this factor, courts look at each parent’s willingness to encourage and support the child’s relationship with the other parent. Some of the behaviors that may be considered include:
Facilitating Visits: Does the parent reliably follow the agreed-upon or court-ordered visitation schedule?
Communication: Is the parent open to sharing important updates about the child’s life, such as school achievements, health issues, or milestones?
Encouragement: Does the parent speak positively about the other parent in the child’s presence, encouraging the child’s bond?
The court may view a parent’s cooperation and flexibility as a sign of maturity and genuine commitment to the child’s well-being.
Red Flags: Unreasonable Denial of Access
On the flip side, if one parent has unreasonably denied access or interfered with the other parent’s visitation rights, it can reflect poorly on their custody case. Some red flags the court may consider include:
Blocking Visits Without Cause: Canceling visitation or exchanges without a valid reason, especially repeatedly.
Alienating the Child: Attempting to turn the child against the other parent through manipulation or negative talk.
Withholding Information: Keeping the other parent in the dark about major decisions or events in the child’s life.
While there are legitimate reasons for withholding contact—such as concerns about abuse or neglect—courts carefully examine claims to ensure they are not used as tactics to limit the other parent’s involvement unfairly.
Real-World Application
Virginia’s emphasis on this factor ensures that custody arrangements are not just about physical placement but also about preserving the child’s emotional health through strong parental relationships. For example, even if one parent is granted primary physical custody, the court expects that parent to actively foster the child’s relationship with the other parent unless there’s a compelling reason not to.
Courts appreciate when parents demonstrate a commitment to co-parenting by working through disagreements maturely, showing flexibility when necessary, and always keeping the child’s needs at the forefront.
Conclusion
This factor highlights the importance of cooperation between parents and the court’s focus on nurturing the child’s relationship with both parents. Demonstrating a genuine commitment to co-parenting is essential for a positive outcome in custody proceedings.
At Stiles Ewing Powers, we understand that child custody matters can be complex and emotionally charged. Our experienced attorneys are here to help you navigate the legal process and advocate for a custody arrangement that serves the best interests of your child. Contact us today to schedule a consultation.
Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice. The specific circumstances of your case may differ, and we encourage you to consult with a qualified attorney to discuss your individual legal situation. This blog does not create an attorney-client relationship