When courts in Virginia determine child custody arrangements, they rely on a set of ten statutory factors outlined in Virginia Code § 20-124.3. These factors help the judge evaluate what is in the best interests of the child, which is the guiding principle in all custody decisions. The last of these factors—often called the “catch-all” provision—is especially important because it gives the court broad discretion to consider any additional circumstances it finds relevant.
What Does the Law Say?
The final factor reads:
“Such other factors as the court deems necessary and proper to the determination.”
This means that the judge is not limited to only the nine preceding factors. If there is anything else that could affect the child’s wellbeing, the court has the legal authority to consider it—even if it’s not explicitly listed in the statute.
Why This Factor Matters
The catch-all factor gives judges the flexibility they need to make truly child-focused decisions. Every family is different, and no law can cover every possible issue that may arise in a custody dispute. This final provision ensures that important but unique or unusual circumstances aren’t overlooked simply because they don’t fit neatly into a predefined category.
For example, the court might consider:
Evidence of a parent’s frequent relocations, which could impact a child’s stability.
A parent’s work schedule that severely limits time with the child.
The presence of other adults in the home who may influence the child’s environment (positively or negatively).
How This Factor Plays Out in Court
Because this factor is discretionary, it often becomes a focal point for attorneys presenting nuanced arguments. A parent might highlight elements like:
Their involvement in extracurriculars or volunteering at school.
Their ability to provide consistent routines that promote emotional security.
On the flip side, the opposing parent might bring up concerns not covered by other statutory factors such as:
Unhealthy living conditions
Substance use by new partners, or
Social media behavior that reflects poor judgment.
What Parents Should Know
Parents involved in custody cases should understand that anything relevant to the child’s well-being can be introduced as evidence under this factor. If something doesn’t fall into the first nine categories but seems important, this is the avenue through which it can be addressed.
That said, courts still expect credible evidence. Hearsay or speculative claims won’t carry weight. It’s always wise to document your concerns and work with an attorney to present them effectively.
Conclusion
Virginia’s “catch-all” custody factor provides a vital safety net that ensures no important detail is ignored in the court’s decision-making. It reinforces the state’s commitment to a custody determination that truly reflects the best interests of the child—even when the issues are complex, personal, or uncommon.
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