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Child Custody Preference Age in Virginia

Virginia names no age; the court considers the reasonable preference of a child it deems of reasonable intelligence, understanding, age and experience to express one, as one best interests factor.

Last checked . General information, not legal advice.

Virginia at a glance

Age named in statute
No age named
Depends on intelligence, understanding, age and experience.
How the preference is weighed
One factor if child is mature enough
Preference can be decisive
No, one factor among many

Sources

Last checked

The rules in Virginia

At what age does a child's custody preference count in Virginia?

Age named in statute in Virginia: No age named. Depends on intelligence, understanding, age and experience.

How do courts in Virginia weigh a child's custody preference?

How the preference is weighed in Virginia: One factor if child is mature enough.

Can a child's preference decide custody in Virginia?

No, one factor among many. Preference can be decisive in Virginia: no, one factor among many.

Where do the Virginia child custody preference laws come from?

The rules above come from Va. Code 20-124.3(8). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

A child's preference is rarely the only thing a court looks at. Judges also weigh each parent's ability to care for the child, the child's ties to home, school and community, and any history of abuse or conflict. A clear preference from an older, mature child can carry real weight, but it does not replace the best interests test.

Courts often hear from children privately, for example in a judge's chambers, through a guardian ad litem, or through a custody evaluator, rather than on the witness stand. The process and who may be present depend on local court rules and the judge's discretion.

Courts look closely at whether a preference is the child's own view or the result of pressure from a parent. Coaching a child or promising rewards for choosing a side can hurt a parent's case. Parents who reach their own arrangement can record it in a parenting plan or settlement agreement for the court to review.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.