Determining and Modifying Child Custody/Visitation: Child’s Preference
BY: William R.F. Conners
Managing Partner and Founder
The court must take into account the reasonable preferences of the child in determining custody and visitation if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference. However, the Virginia courts have further noted that although a child’s preference should be considered and given appropriate weight, it is just one factor to be considered.