In Virginia, child custody decisions are made with one guiding principle in mind: the best interests of the child. To ensure that custody arrangements promote the child’s well-being, the courts rely on 10 specific factors outlined in Virginia Code § 20-124.3. Each factor highlights a different aspect of what contributes to a healthy, stable environment for the child.
In this blog post, we examine Factor 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.”
This factor acknowledges that, in appropriate cases, the child’s own voice can and should play a meaningful role in custody decisions.
What Does This Factor Mean?
Unlike some states that set a specific age at which a child’s opinion must be considered, Virginia leaves the matter open to judicial discretion. The court will weigh a child’s preference for custody if the judge determines that the child has the maturity, understanding, and experience necessary to make a reasoned choice.
This means that:
A teenager may have their opinion weighed more heavily than a young child.
The court looks at the child’s reasoning and awareness, not just their chronological age.
The child’s intelligence and emotional maturity are also assessed.
For example, a 14-year-old who clearly articulates why living with one parent would best support their academic success and emotional health might have their opinion taken seriously. In contrast, a child who expresses a preference simply because one parent is perceived as more lenient may have less influence on the court’s decision.
How Does the Court Gather the Child’s Preference?
To avoid placing the child in a stressful or adversarial situation, courts often gather the child’s input in a private setting. This may be done through:
In camera interviews: The judge meets with the child privately, without parents present, to have an informal discussion about their feelings and preferences. The term “in camera” is Latin for “in chambers;” it does not mean that the meeting is by video.
Guardian ad litem reports: A court-appointed advocate (guardian ad litem) will interview the child and others involved in their care and then report the child’s wishes and best interests to the court.
Psychological evaluations: In complex cases, a mental health professional may assess the child’s well-being and include the child’s expressed preferences in their report.
The goal is always to ensure the child’s voice is heard in a sensitive and non-threatening way.
How Much Weight Does the Child’s Preference Carry?
It’s important to note that while the child’s preference is a factor, it is not the deciding factor. The court must balance the child’s wishes against all other factors in Virginia Code § 20-124.3.
The child’s preference is simply one piece of a much larger puzzle. In some cases, even a well-reasoned preference may not be determinative of the custodial schedule if the court determines that it does not align with the child’s best interests.
Why This Factor Matters
Including the child’s voice in custody decisions reflects an understanding that children, especially older and more mature children, are individuals with their own perspectives, needs, and desires. When children feel that their opinions matter, it can sometimes ease the transition to a new custody arrangement and foster a sense of empowerment during what can be a difficult time.
At the same time, Virginia courts are careful to ensure that the child is not unduly influenced or pressured by one parent or caught in the middle of a parental conflict.
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