What common obstacles might a parent seeking child custody face?

 Posted on October 24, 2025 in Child custody

In Virginia family law cases, children can be caught in the middle. Often, both parents want to receive primary custody of their child. When the court assesses cases in which custody is in dispute, there are fundamental factors it will consider. For some parents, there have been past issues that could be brought up as the case moves forward.

While this might be worrisome, it does not necessarily mean that the parent who is confronted with past challenges has no chance at getting custody. In these cases, it is important to recognize what could be referenced in the case and how to mitigate it. This can also impact parenting time, so it is vital to be fully prepared.

Recognize what could cause a problem with a child custody case

First and foremost, the court looks at the child's best interests. That includes the child receiving the proper education, receiving quality nutrition, getting medical care, how old the parents are, how old the child is, if there are special circumstances, the parents' ability to care for the child, and if the child has preferences and is mature enough to express them.

The court also scrutinizes the child's and the parents' history. If, for example, there were allegations of abuse and neglect, this will be a crucial part of deciding which parent has custody and what the parenting time schedule will be.

Some parents have faced substance abuse issues in the past whether that is drugs, alcohol or both. They might have had gambling problems. This could be mentioned to imply that the parent is at risk of relapse. Showing that treatment has been initiated and effective can help with the case. Other allegations could include domestic violence, parental alienation, and mental issues that could prevent them from giving the child a safe environment.

Child custody can be complex, and preparation is key

Parents in the middle of a family law case who have had problems in their past could function under the preconceived notion that they will not have a good chance of being granted child custody. While the problems could be discussed when deciding on how best to serve the child's best interests, it might not be a determinative factor. Having help with a child custody case is crucial to reach a fair outcome.