Category: Blog

How Virginia Law Determines ‘Best Interest’ in a Child Custody Case in Richmond, VA

By W. Allan Burns, Jr., Partner at Cravens & Noll, P.C.

If you’re going through a divorce or separation in Richmond and custody of your children is at stake, you’ve probably heard the phrase “best interest of the child” more times than you can count. But what does that actually mean? How do Virginia judges decide what’s truly best for your child when parents disagree?

I’ve represented parents in custody cases throughout Central Virginia for years. I’ve sat across from worried mothers and fathers who want nothing more than to protect their relationship with their children. The uncertainty of not knowing how a judge will decide is one of the most stressful experiences a parent can face. In this article, I’ll explain exactly how Virginia courts approach custody decisions and what you can do to present the strongest case possible.

Understanding Virginia’s Custody Framework

Virginia law recognizes two types of custody: legal custody (the right to make major decisions about education, healthcare, and religious upbringing) and physical custody (where your child lives and spends their time). Legal custody can be joint or sole.  Physical custody can be defined as physical with mother, physical with father or shared.

The “best interest of the child” is the legal standard that guides every custody decision in Virginia. When parents can’t agree, a family court judge evaluates your family’s specific circumstances to determine what arrangement best supports your child’s wellbeing.

The Ten Statutory Factors Virginia Judges Must Consider

Virginia Code § 20-124.3 lays out ten specific factors that judges must consider when determining custody. These aren’t suggestions, their requirements. Let me walk you through each one.

1. The Age and Physical and Mental Condition of the Child

Judges evaluate your child’s specific needs based on their age and any physical or mental health considerations. A toddler has different needs than a teenager. The court examines whether each parent can realistically meet the child’s current needs, appropriate supervision, care, and support for their developmental stage.

2. The Age and Physical and Mental Condition of Each Parent

Your ability to physically and mentally care for your child matters. Judges assess whether you’re capable of providing day-to-day care. If you have health issues that limit your ability, that factors into the decision. Having a mental health condition doesn’t automatically disqualify you, what matters is whether you’re managing it appropriately and whether it affects your ability to parent safely.

3. The Relationship Between Each Parent and Each Child

The strength and quality of your relationship with your child is crucial. Judges want to know: Who has been the primary caregiver? Who helps with homework and attends doctor’s appointments? Who knows the child’s teachers, friends, and preferences?

This is where documentation matters. I tell my clients to save emails showing involvement, keep calendars of school events, and maintain records of day-to-day parenting. These details paint a picture a judge can understand.

4. The Needs of the Child

Every child has unique physical, emotional, educational, and social needs. The court examines which parent is better positioned to meet those specific needs. This also considers the child’s need for stability and continuity. Children thrive on routine, and courts are reluctant to disrupt established patterns that are working well.

5. The Role Each Parent Has Played in the Child’s Upbringing

This focuses on historical patterns. Who has been responsible for medical appointments, school communications, and extracurricular activities? In many families, one parent has taken on more day-to-day responsibilities. That doesn’t mean the other parent loves the child less, but courts recognize these patterns and often seek to maintain them, especially for younger children.

6. The Propensity of Each Parent to Support the Child’s Relationship with the Other Parent

This is one of the most important factors. Virginia courts strongly favor parents who encourage their child’s relationship with the other parent. If you speak negatively about your ex in front of your child, refuse to cooperate on scheduling, or make visitation difficult, judges notice, and they disapprove.

I’ve seen parents with otherwise strong cases lose custody because they couldn’t demonstrate willingness to co-parent effectively. The judge wants to see that you understand your child benefits from both parents, even if you personally dislike or distrust the other parent.

7. The Relative Willingness and Demonstrated Ability to Maintain a Close Relationship with the Child

This examines which parent is more likely to prioritize active involvement in the child’s life. It’s not enough to say you want custody, you need to demonstrate you’ll make your child a priority. For working parents, this might mean showing flexibility in your schedule or having backup childcare plans.

The court looks at your track record. When you’ve had parenting time in the past, how have you used it? Have you been reliable, engaged, and focused on your child?

8. The Reasonable Preference of the Child

Virginia law allows judges to consider a child’s preference, but this is nuanced. The weight given depends on the child’s age, maturity, and reasons for the preference. Courts give more weight to older children’s preferences, particularly teenagers. A 15-year-old’s well-reasoned preference carries more weight than a 7-year-old’s desire to live where there are fewer rules.

I always caution parents against putting children in the middle. Encouraging your child to “tell the judge” they want to live with you can backfire badly. Judges can usually tell when a child has been coached, and it reflects poorly on the parent who did it.

In some cases, judges may appoint a guardian ad litem, an attorney who represents the child’s interests, especially in high conflict cases.

9. Any History of Family Abuse

This is the most serious factor and can be dispositive. Virginia law defines family abuse as any act involving violence, force, or threat that results in bodily injury or places someone in reasonable apprehension of death, sexual assault, or bodily injury.

If there’s credible evidence of family abuse, whether directed at the child or the other parent, it dramatically impacts custody. A protective order, police reports, medical records, or witness testimony all serve as evidence. In cases involving domestic violence, Virginia law presumes it’s not in the child’s best interest for the abusive parent to have custody. This presumption can be overcome, but it requires clear and convincing evidence, an extremely high bar.

If you’ve been a victim, document everything. Keep copies of protective orders, medical records, police reports, text messages, and emails. If you’re accused of abuse, take it seriously and get legal help immediately. You need an experienced Richmond family law attorney to protect your parental rights.

10. Other Factors Necessary to Consider

This catch-all allows judges to consider anything else relevant that doesn’t fit the other nine categories, including:

• Work schedules and childcare arrangements
• Proximity of each parent’s home to school and activities
• The child’s connection to neighborhood, school, and friends
• Extended family relationships and support systems
• Stability of each parent’s home environment
• Ability to communicate and cooperate

I’ve seen judges consider everything from which parent takes the child to church (when religion is important) to which parent has family nearby to help with childcare to whether one of the parents is a smoker.

How Richmond Judges Apply These Factors

Understanding the factors is one thing; understanding how family court judges apply them is another. Judges don’t use a scorecard where each factor gets equal weight. They look at the totality of circumstances and use these factors as a framework.

Some factors carry more weight depending on your situation. If there’s domestic violence, that overshadows others. Judges also heavily weigh consistency and stability; children generally do better with predictable routines and minimal disruption.

What You Can Do to Strengthen Your Custody Case in Richmond

If you’re facing a custody dispute, here are concrete steps to show the court you’re acting in your child’s best interest:

Be involved and document it. Attend school events, medical appointments, and activities. Save emails, maintain calendars, take photos. When it comes time to show the judge your relationship with your child, you’ll want written evidence.

Maintain stability. If possible, stay in the same neighborhood. Keep your child in the same school and activities. Courts value continuity.

Support the other parent’s relationship. Facilitate visitation, speak respectfully about your ex (at least in front of your child), and show the court co-parenting is about your child’s needs, not your feelings.

Address personal issues proactively. If you’re dealing with mental health concerns, substance abuse, or other challenges, get help. This demonstrates responsibility and commitment to being the best parent possible.

Create a realistic parenting plan. Consider your work schedule and practical logistics. A plan that looks good on paper but won’t work and won’t impress the judge.

Keep detailed records of concerns. If you have legitimate safety concerns, document them. Save concerning texts, document missed visitations, keep a factual journal. But be careful documentation should be relevant, not petty grievances.

Work with an experienced attorney. Custody cases are complex and have high stakes. You need someone who knows how Richmond judges approach these cases and how to present your case effectively.

Protecting Your Relationship with Your Child

In my years practicing family law in Richmond, I’ve learned that custody cases are rarely about “winning”, they’re about finding an arrangement that truly serves your child’s best interest while protecting your relationship with them. The parents who fare best are those who show the court they’re focused on their child’s needs, not on defeating the other parent.

At Cravens & Noll, we’ve helped countless Central Virginia families navigate custody disputes with sensitivity and skill. We understand the fear and uncertainty you’re feeling. We know how much is at stake. And we’re committed to fighting for an outcome that protects your child’s wellbeing and your parental rights.

Every custody case is unique. Virginia’s best interest factors provide a framework, but how they apply to your specific family depends on the details of your situation. The decisions you make now, how you communicate with your ex, how you document your parenting, how you present yourself to the court, can have lasting consequences.

If you’re facing a custody dispute in Richmond or anywhere in Central Virginia, don’t navigate it alone. Contact Cravens & Noll today to schedule a consultation. We’ll review your situation, explain how Virginia’s custody laws apply to your family, and develop a strategy that puts your child first.

Call us at 804-330-9220 or reach out online.

Your child’s future, and your role in it, is too important to leave to chance.

Let us be your lawyers for life and guide you through this challenging time with the experience, compassion, and advocacy you deserve.

W. Allan Burns Jr.

Allan Burns is a University of Richmond Law School alum. He excels in the areas of family law, bankruptcy, business law and personal injury.

Top 5 Qualities to Look for in a Richmond Family Law Attorney

By David Noll, Managing Attorney, Cravens & Noll, P.C.

When you’re facing a divorce, custody battle, or any family law matter, choosing the right attorney can feel overwhelming. You’re already dealing with one of the most stressful situations of your life. I’ve practiced family law in Richmond for decades, and I’ve seen how the right attorney makes all the difference in both your case outcome and emotional wellbeing.

Most people don’t have a family law attorney on speed dial. When you need one, you’re often in crisis mode. Maybe your spouse just said they want a divorce. Maybe you’re worried about losing time with your children. Maybe you’re trying to protect assets you worked years to build.

Here are the five most important qualities to look for when choosing a family law attorney in Richmond, based on what I’ve learned from handling thousands of divorce, custody, and family law cases across Virginia.

1. Deep Experience with Virginia Family Law

This might seem obvious, but it’s worth stating clearly: Virginia family law has its own unique rules, procedures, and nuances. An attorney who practices in multiple states or is new to family law in Virginia may not have the depth of knowledge you need.

Why Virginia Specific Experience Matters

Virginia has unique divorce requirements. For uncontested divorce, you must be separated for at least one year – or six months if you have no minor children and a signed separation agreement. Virginia doesn’t recognize legal separation like some states, and proving separation while living under the same roof becomes complicated.

Virginia follows equitable distribution for dividing marital property, but “equitable” doesn’t necessarily mean “equal.” Courts consider multiple factors including each spouse’s contributions, earning capacity, and circumstances leading to divorce. A Richmond family law attorney who knows how local judges tend to rule has a significant advantage.

For custody, Virginia courts focus on the best interests of the child. Richmond judges in Henrico Circuit Court, Chesterfield Circuit Court, and Richmond City Circuit Court each have their own tendencies. Local experience matters.

What to Ask About Experience

Don’t be shy about asking direct questions:

• How many years have you practiced family law in Virginia?
• How many cases like mine have you handled in Richmond area courts?
• Are you familiar with the judges who might hear my case?

A confident, experienced attorney will answer these questions directly and help you understand what realistic outcomes look like based on their experience with similar cases.

2. Strong Communication Skills and Accessibility

Family law cases can drag on for months or even years. During that time, you’ll have questions. You’ll need updates. You’ll want to understand what’s happening and why. An attorney who doesn’t communicate well or who’s impossible to reach will leave you feeling anxious and in the dark.

What Good Communication Looks Like

At Cravens & Noll, we believe you deserve to speak directly with your attorney, not just a paralegal or assistant. When you call with questions about your divorce or custody case, you should get answers from the person who knows your case intimately.

Good communication also means explaining things as simply as possible. Family law has its own vocabulary – terms like “pendente lite,” “equitable distribution,” and “material change in circumstances.” Your attorney should translate this legal jargon into language you actually understand.

Since I have been practicing family law for almost 30 years, the process and terminology is second hand to me at this point.  However, I am always aware and explain the process to my clients in a way that is understandable to someone who has no experience in these types of matters.  Communication is also about managing expectations honestly. I don’t tell clients what they want to hear – I tell them the truth about their case, even when it’s difficult. If your spouse has a strong custody argument, you need to know that upfront so we can address it strategically. If your proposed settlement isn’t realistic given Virginia law, I’ll be honest about that too.

Red Flags in Communication

Watch out for attorneys who:

• Take days or weeks to return phone calls or emails
• Only communicate through staff
• Use legal jargon without explaining what it means
• Make promises that sound too good to be true
• Rush you off the phone or seem annoyed by questions

During your initial consultation, pay attention to how the attorney communicates. Do they listen to your concerns? Do they answer your questions directly? Do you feel heard and understood? These first impressions are important.

3. Genuine Empathy and Understanding

Family law isn’t like other areas of law. I’m walking with people through some of the most painful moments of their lives – the end of a marriage, fighting for time with children, navigating grief, anger, and fear that come with major family transitions.

You’re not just a case number. You’re a person going through an incredibly difficult time. I’ve sat across from clients who could barely speak through tears. I’ve had clients so angry they were shaking. I’ve talked with parents terrified they’ll lose their relationship with their children.

Empathy doesn’t mean I won’t be direct or that I’ll let emotions drive bad decisions. It means I recognize that behind every family law case is a human story involving children, broken trust, financial anxiety, and an uncertain future.

At Cravens and Noll, it is baked into our DNA to provide both emotional support and objective legal guidance. Yes, I understand you’re angry at your spouse. But I also need to help you make rational decisions about custody and finances rather than letting anger drive choices you’ll regret later. A good family divorce lawyer Richmond families trust acknowledges your emotions while helping you focus on achieving the best possible outcome for your future.

4. Willingness to Fight When Necessary (But Also to Negotiate)

Not all family law cases need to be contentious courtroom battles. The best outcomes often come through negotiation and settlement. But you also need an attorney who isn’t afraid to go to trial when necessary.

Many divorces can be resolved through negotiation or mediation. This approach is usually faster, less expensive, less emotionally draining, better for children, and gives you more control over the outcome. We always explore settlement options first.

But sometimes, negotiation won’t produce a fair result. If your spouse is hiding assets, trying to unfairly limit your custody time, or making unreasonable demands, then you need an attorney prepared to fight in court. I’ve tried numerous family law cases in Richmond area courts and I’m ready when clients need me to fight. Opposing counsel knows it – which helps during negotiations.

Ask potential attorneys about their settlement rate versus trial rate, how they decide when trial is necessary, and their track record. You want an attorney who can negotiate skillfully when possible and litigate effectively when necessary.

5. A Multi-Practice Firm That Sees the Bigger Picture

This is something people often overlook when choosing a divorce attorney Richmond, but it can make a huge difference: does your attorney practice only family law, or do they work with a firm that handles multiple practice areas?

Why Multi-Practice Matters

Real life is messy. Family law issues rarely exist in isolation. Consider these common scenarios:

Divorce and Financial Stress – Going through a divorce is expensive. You might suddenly be facing debt you can’t manage on one income. If your divorce attorney works with bankruptcy attorneys, they can identify these issues early and help you plan strategically. At Cravens & Noll, our family law attorneys collaborate with our bankruptcy team to give clients a complete picture of their options.

Custody and Estate Planning – If you’re going through a custody battle, you should also be updating your will, powers of attorney, and beneficiary designations. Having access to estate planning attorneys within the same firm makes this seamless.

Divorce and Criminal Charges – Unfortunately, some divorces escalate to protective orders or criminal charges. If your firm also handles criminal defense, you have immediate access to that expertise without starting over with a new attorney.

Property Division and Real Estate – Complex property division might require real estate transactions, business valuations, or understanding of tax implications. A multi-practice firm has resources to consult across specialties.

Your Lawyers for Life

At Cravens & Noll, we’ve built our practice around the philosophy of being “Your Lawyers for Life.” We don’t want to just handle your divorce – we want to be the firm you call when any legal issue arises, now or in the future.

Maybe today you need a divorce lawyer. Three years from now, you might need help with a custody modification because your ex wants to relocate. Five years down the road, you’re remarrying and need a prenuptial agreement. Ten years from now, you’re ready to buy a new home or start a business. We’re here for all of it.

This continuity matters because we already know you, your history, and your goals. You’re not explaining your situation to a stranger every time you have a legal need. We’ve been serving Richmond families for over three decades with this comprehensive approach, and our clients tell us it makes a real difference.

Making Your Decision

Choosing a family law attorney is one of the most important decisions you’ll make during your divorce or custody case. Take time to meet with a few attorneys before deciding. Use that opportunity to evaluate whether they have these five essential qualities.

Pay attention to whether you feel heard, they explain things clearly, have specific experience with cases like yours, are honest about challenges, and whether you feel confident in their representation.

Trust your instincts, but also do your homework. Check reviews, verify credentials, and ask direct questions about experience and approach.

Why Clients Choose Cravens & Noll

I’m proud to be part of a firm that embodies all five qualities. Our family law team has decades of combined experience in Virginia courts. We’re accessible. We approach every case with empathy while providing objective legal strategy. We negotiate skillfully but aren’t afraid to fight when necessary. And our multi-practice approach means we see the complete picture of your legal needs.

We’ve helped thousands of families navigate divorce, custody, support disputes, and other family law matters across Richmond and Central Virginia. Our clients come back years later for other legal needs and refer friends and family because they know we care.

If you’re facing a family law issue, call us for a consultation. Let’s talk about your situation and goals. I’ll give you an honest assessment with no obligation or pressure.

At Cravens & Noll, we’re your lawyers for life.

David Noll

David is a partner with Cravens & Noll and has been representing Virginians for over two decades, and is proud to have been awarded The Best Attorney in Richmond by the Richmond Times-Dispatch. His practice includes all matters regarding civil litigation including all family law matters, personal injury, and business law matters. Additionally, he represents individuals and families in the area of consumer bankruptcy.

David’s primary focus is working directly with his clients in order to strongly advocate the best possible result. He ensures that all attorneys at the firm follow the mission to be easily accessible to clients.

David and his family reside in Henrico County. When not working with his clients, David enjoys spending time with his family, running and training for half and full marathons, and as much time at the beach surfing with his children.

How Do I Find a Family Law Attorney

As with other law practice areas, you don’t typically think about the process of finding a family law attorney in Powhatan (or anywhere) until you absolutely need to.

To help you in your search for a family law attorney, we’ve compiled some tips on steps that will help you make the best decision you can for hiring a family law attorney.

Here are the 4 things you need to know to hire a family law attorney in Powhatan and the full Richmond, Virginia area:

• Know what type of lawyer you need
• Know where you’ll file your case
• Know what your options are
• Know what makes a good family lawyer

Know What Type of Lawyer You Need

Not all lawyers work in all practice areas. Many of them specialize in specific types of law. Before you begin your search for a family law attorney, you need to know if your case is something that qualifies as family law.

Family law, otherwise known as “domestic relations” or “matrimonial law”, can typically include the legal matters surrounding marriage or family relations such as divorce, custody, adoption, or prenuptial agreements.

You will need a family lawyer in Powhatan (or in the Richmond area) if your case involves one of the following:

• You would like to get married with a prenuptial agreement
• You and your spouse are pursuing a divorce, annulment or legal separation
• You would like to modify a divorce agreement
• You would like guidance or modify the terms of spousal support, alimony or child support
• You are pursuing an adoption
• You and your child’s other parent cannot agree on custody or visitation

Know Where You Will File Your Case

Most cases are filed in the county where the person who is filing the case lives, or if it is a matter involving child custody or support, where the child primarily resides The person who files is called either the plaintiff or petitioner.

It’s important to consider the legal residence of the plaintiff because family laws vary from state-to-state. Because the laws are different from state-to-state, each state has a bar association that the lawyer must join before he/she can practice law.

A lawyer who practices family law in Richmond and Chesterfield county, for example, might join the Greater Richmond Bar Foundation or the Chesterfield Bar Association.

Your friend in another state might have a good recommendation for a family law attorney that they trust, but if they don’t have a license to practice law in Virginia, you can’t hire them.  If your friend has a good recommendation for a family law attorney who practices in another part of the state and is not familiar with the courts and judges in your area, you may want to consider another attorney who practices more in your area.

Know What Your Options Are

Once you know where you are looking for a family law attorney, you should search for the law firm that will best represent you. You can begin your search on your state’s bar association directory or on a search engine like Google or Bing.

If you search online, you’ll want to include the county or city that you are looking for a family lawyer in rather than “near me.” A good local family lawyer, even if they are on the other side of the city/county, may serve your needs better than the lawyer that happens to be closest to you at the time that you are searching.

Most lawyers have a website that will tell you a little about them and what practice areas they are involved in. They might have some informative resources on their website that give you a snapshot of the types of cases they handle. There might even be answers to some of the frequently asked questions that you might already be wondering about!

Know What Makes a Good Family Lawyer

A good family lawyer should be:

• In good standing with their state’s bar association
• Easy to get in touch with
• Willing to answer questions
• Clear about how much they charge
• Can explain to you a good plan to be successful in your case

Family law attorneys help you navigate legal matters that are sometimes simple but are usually very complex. It’s important that you evaluate a family lawyer not just for what they do in court but how they treat you as you work with them. A good family lawyer has excellent communication skills both in listening to your claim and in explaining your legal options.

Give Your Family Law Attorney a Call

Once you’ve found a family law attorney in Powhatan (or whatever area you are in), contact them. Many lawyers in our local Richmond area have a contact form on their website. If not, their phone number is usually not too hard to find.

If they’re like us (Cravens & Noll is also a local Richmond, Chesterfield, Henrico, Colonial Heights, and Harrisonburg family law attorney with years of experience in these county courts and the counties surrounding them), you’ll be greeted by a friendly receptionist that will set up a consultation for you. The consultation will help them gather the information they need so they can handle your case. Feel free to schedule your consultation with one of our family law attorneys today.

And with that, your search for a family law attorney is complete!

Cravens & Noll

At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.

We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.

Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.

With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.

Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed.  Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.