When determining child custody arrangements in Virginia, courts are guided by 10 statutory factors designed to ensure the best interests of the child. These factors, outlined in Virginia Code § 20-124.3, provide a thorough framework for assessing what arrangement will serve a child’s overall well-being. In this article, we focus on Factor 5: “The role that each parent has played and will play in the future, in the upbringing and care of the child.”
This factor is crucial because it evaluates both the history of parental involvement and each parent’s anticipated contributions moving forward. Courts want to understand not only what each parent has done to nurture and raise the child up until now, but also what role they intend to play in the child’s life in the years ahead.
Why Past Involvement Matters
A parent’s historical role in a child’s upbringing provides the court with evidence of each parent’s commitment and capabilities. This can include:
Daily Care: Who prepares meals, helps with homework, and handles bedtime routines?
Healthcare: Which parent schedules and attends medical and dental appointments?
Education: Who communicates with teachers, attends parent-teacher conferences, and supports extracurricular activities?
Emotional Support: How has each parent provided love, comfort, and guidance during difficult times?
Courts recognize that consistent parental involvement demonstrates a strong bond between parent and child and showcases the parent’s ability to meet the child’s physical, emotional, and developmental needs.
Looking Ahead: Future Role and Intentions
Equally important is the future role each parent plans to play. Even if one parent was previously less involved — perhaps due to work demands or other circumstances — they may have a clear and feasible plan to assume a greater role in the child’s upbringing moving forward.
Courts may consider:
Willingness to Adapt: Is the parent ready to adjust work schedules or living arrangements to be more available?
Commitment to Co-Parenting: Does the parent demonstrate a cooperative attitude toward co-parenting and fostering a positive relationship between the child and the other parent?
Development Plans: How does the parent plan to support the child’s evolving needs —academically, socially, and emotionally?
Real-Life Considerations
Virginia’s courts understand that family dynamics are unique and that no two cases are alike. For example, in some households, one parent may have taken on a more traditional caregiving role while the other was the primary wage earner. The court does not automatically penalize a parent for working outside the home; rather, it looks holistically at each parent’s contributions and their sincere intentions for the future.
The court’s ultimate goal is to foster an environment where the child can thrive, benefiting from the strengths and support of both parents.
This Factor underscores the importance of both historical and future parental involvement in custody decisions. Courts are tasked with determining what arrangement best serves the child’s best interests, and a parent’s role—both past and planned—plays a critical part in that assessment.
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