Does the court consider gender in child custody?

 Posted on November 21, 2025 in Child custody

Virginia parents who are ending their relationship and in the middle of a dispute over child custody will have a litany of concerns. Often, a parent enters the process thinking they are already at a disadvantage for a variety of reasons. One is the preconceived notion that one parent will receive preferential treatment because of their gender.

From the start, people need to understand that state law does not factor in a person's gender when it decides on child custody and parenting time. Still, parents must be vigilant about every part of the child custody determination. To reach a favorable outcome, it is wise to have professional advice from the beginning.

Best interests do not include parents' gender in child custody

The primary consideration in child custody is serving the child's best interests. That includes the ages of the child and the parents, their physical and mental conditions; the environment the child will live in; their education, health care, the child's basic needs; the parental history; being cooperative with the other parent; the child's preferences; and if there were past issues with violence, abuse, or neglect.

While gender is not listed, it can be considered in context. If, for example, a mother was a stay-at-home parent and was the primary caregiver while the father worked, then the mother is likely to have bonded with the child. That would give the parent who cared for the child most of the time the advantage in a custody decision.

The key is to present the case in a comprehensive manner. In many instances, the immediate perception is that one parent will provide a better home life for the child. But after looking at the facts, the child would be better with the other parent. Gender is irrelevant when looked at through the perspective of best interests.

Any child custody case can be complicated and having help is important

Parents need to be prepared for every aspect of a child custody dispute. That includes understanding the law and how the court will make its decision with what factors come into play. In many cases, it is better for the parents to agree to a custody and parenting time schedule. For those on good terms, negotiation is possible. In more contentious cases, they could have a harder time agreeing. Regardless, it is useful to consult with professional experienced in all areas of family law.