Attorney
The Virginia Court of Appeals upheld the award of physical child custody to a father. The mother and the father were both troublesome parents with allegations of abuse flying both ways. The court considered the best interest of the child in making its decision. In considering the statutory factors under Virginia Code Section 20-124.1, the court awarded physical custody to the father because of his stable living situation. The court also found that during the parties’ separation, the father provided “certainty and stability” for the child.
Neither party was a model parent. Both sides filed criminal and civil actions against the other. According to the court, the father tried to exclude the mother from the child’s life. The mother was “highly erratic and verbally and physically abusive toward [the} father.” The court considered the best interest of the child.
On appeal, the mother argued that the court awarded physical custody because of the father’s “economic stability.” (The mother had additional grounds for her objections.) The Court of Appeals rejected this argument, stating that “Consideration of the parties’ earning capacity and standard of living were not part of the court’s analysis. Instead, the court focused more broadly on the “stable living situation,” and the “certainty and stability” father afforded [the child] during the parties’ separation.”
Conclusion: A father, despite his flaws, was awarded physical custody.