When determining child custody arrangements, Virginia courts are guided by 10 critical factors outlined in Virginia Code § 20-124.3, all aimed at ensuring decisions reflect the best interests of the child. These factors offer a holistic view of family dynamics and help judges craft custody orders that promote the child’s stability and well-being.
In this post, we examine Factor 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.”
This factor places dual emphasis on the quality of the parent-child relationship and the parents’ ability to work together in the child’s best interest.
The Importance of Maintaining a Close and Continuing Relationship
A child’s sense of security and emotional health is closely tied to having a strong, ongoing relationship with their parents. Factor 7 asks the court to consider each parent’s:
Demonstrated Ability: Has the parent consistently shown a deep interest in the child’s life? This may include attending school events, being involved in extracurricular activities, and participating in medical decisions.
Quality of Time: Is the parent fully engaged when spending time with the child, building a bond through meaningful interaction and support?
Long-Term Commitment: Does the parent have a history of commitment to the child’s well-being and a plan for maintaining that commitment in the future?
This factor rewards parents who have made the child a central part of their lives and who are committed to continuing that involvement, regardless of changes in family structure.
The Ability to Cooperate and Resolve Disputes
Equally important is the parents’ ability to work together in making decisions that impact the child. Even in situations where the parents are no longer in a relationship, courts want to see that they are capable of resolving disputes in a manner that keeps the child’s needs front and center.
Courts may consider:
Communication Skills: How effectively do the parents communicate with each other about the child’s needs and concerns?
Conflict Resolution: Are disagreements handled in a mature, child-focused way, or do conflicts escalate and create unnecessary stress for the child?
Co-Parenting Mindset: Do the parents show a willingness to collaborate on important matters such as education, healthcare, and extracurricular involvement?
This factor reflects a core value of family law: even if a marriage or relationship ends, parenting is a lifelong partnership. The ability to co-parent effectively is crucial for the child’s long-term well-being.
Red Flags the Court May Note
In evaluating this factor, the court may take note of behaviors that indicate a lack of willingness or ability to foster a close relationship or cooperate with the other parent. These can include:
Minimal Involvement: A history of disengagement or limited effort to maintain a bond with the child.
Obstruction or Hostility: Refusing to communicate with the other parent or creating unnecessary obstacles in co-parenting arrangements.
Inflexibility: A rigid approach that prioritizes personal convenience over the child’s best interest.
Such behaviors can influence the court’s custody decisions, as they may undermine the child’s need for stability and positive parental involvement.
Conclusion
This factor underscores two critical aspects of child custody: maintaining a close, continuous relationship with your child and demonstrating a cooperative approach with the other parent. By showing a strong track record in both areas, parents position themselves to achieve custody arrangements that truly serve their child’s best interests.
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