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Understanding The Factors That Impact Child Custody Decisions

Understanding the Factors That Impact Child Custody Decisions

Going through a child custody battle is one of the most stressful and emotionally draining situations for any parent. It’s a difficult time for both children and parents as they are forced to navigate the legal system and make decisions that will impact their family’s future. However, it’s important to understand that child custody decisions are based on several factors, including the child’s best interest, the parents’ willingness to cooperate, and each parent’s ability to provide a stable and nurturing environment for the child.

In this blog post, we will explore the key factors that impact child custody decisions, so that you can be better prepared for the process.

Child’s Best Interests

Ultimately, the primary concern of any custody case is the child’s well-being and best interests. Courts will consider factors such as the child’s age, health, emotional and mental stability, and relationship with each parent when making custody decisions. Courts may also consider other important issues, such as educational needs, community involvement, and each parent’s involvement in the child’s upbringing.

Parent’s Willingness to Cooperate

Family courts prefer that both parents work together to create a parenting agreement that is in the best interest of their child. A parent who is unwilling to cooperate with the other parent and refuses to communicate effectively may lose their chance of having custody. In addition, courts will take into account each parent’s willingness to collaborate and put their child’s needs above their own.

Parent’s Ability to Provide

Both parents need to provide a safe and stable environment for their child. A parent who has a history of violence, substance abuse, or neglect will likely not be granted custody. Courts will also look at each parent’s ability to financially support their child, maintain a healthy relationship, and communicate well with their child.

The Child’s Wishes

The child’s age plays an important role in child custody decisions. The court takes into consideration the child’s preference, although judges may consider the child’s perspective if they are old enough to consult with a guardian ad litem. In this scenario, the guardian will take into account the child’s wishes when making their recommendation. The older the child, the more of a say they will likely have in the decision-making process.

History of Abuse

If either parent has a recent history of abuse, including verbal, physical, or sexual abuse, they may not be granted custody. Additionally, if the child has been exposed to domestic abuse or has witnessed violence in the home, protection must be taken into account when making custody decisions. Courts will take into account past abuse incidents and any history of protective orders or domestic violence convictions when making their decision.


Child custody battles can be stressful and emotionally draining, but knowing what factors are considered when making a custody decision can help you prepare better. If you are considering a custody suit or are already involved in one, we recommend working with an experienced family lawyer who can help you navigate the legal process and protect your rights to your child. Remember, at the end of the day, the court’s decision always comes down to what is in the best interest of the child, and parents who put their child first usually get the desired result.

Virginia Beach Child Custody Attorney

Safeguarding your child’s future is a matter of utmost importance that requires careful consideration. Entrusting the complexities of your case to a Virginia Beach child custody attorney ensures a strategic approach in gathering and presenting essential evidence. At Hardt Law, our dedicated team is committed to organizing a compelling case that underscores your strengths as a parent. With expert guidance, you substantially increase the likelihood of achieving a positive outcome for both you and your child.

Ready to take the next step? Contact us or dial (757) 962-5588 to connect with our adept and empathetic child custody attorney in Virginia Beach, entrusting your case to capable hands.

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