When deciding the “best interests of the child” for purposes of a custody and/or visitation determination, Virginia courts look to Virginia Code Section 20-124.3. In large part, that code section asks Virginia trial courts to determine the mental and physical health of the parties and the child, the role each parent has played and will play in the child’s life, the ability and willingness of the each parent to support the child’s other familial relationships, the reasonable preference of the child, and any history of family abuse. Nowhere in the factors listed in Code Section 20-124.3 is the court explicitly asked to address the immigration status of either parent. However, immigration status can have an impact on your custody case if you, or your attorney, are uninformed, and immigration status can complicate the already difficult questions before the court.
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