How Virginia Judges and Guardians ad Litem Determine Which Parent Deserves Custody: An inside look at the logic behind custody determinations

Posted on Nov 23, 2012 by Hofheimer Family Law

Moms ask me all the time, “You think I’ll get custody, don’t you?” That’s a very tricky question to answer and, the way I see it, it’s really asking two different things: (1) do you deserve to have custody, and (2) will the judge ultimately determine that you deserve custody.

It’s question 2 that I address here today. What does it take to have a judge determine that you deserve to have custody of your children? How do you convince a judge of your parental fitness? I’ve heard lots of other attorneys discussing their tips, tools, and tactics for winning custody for moms in court. There are a lot of different methods, a lot of speculation about each particular judge’s preferences, and a lot of competing advice. If you were to ask ten different attorneys how to persuade a judge that you deserve custody, you’d probably receive ten different answers.

The Virginia State Bar (the governing organization for Virginia attorneys) has recently released a video, “Spare the Child”, that provides an extremely interesting insight into the way that judges and Guardians ad litem are looking at custody cases. If you think you may be facing a custody battle in the Virginia courts, it would be a good idea to look at this video and keep it in mind as you move forward. Check it out at this link: