08/26/2026
Family Law Myth: “If my child wants to live with me, the judge will automatically make it happen.”
Parents hear this all the time.
A child says they want to live primarily with one parent, and suddenly everyone assumes the custody case is settled.
Virginia courts may consider a child’s preferences in certain situations, but that preference is only one factor in a much larger analysis. Age, maturity, the reasoning behind the preference, the child’s relationship with each parent, stability, school, emotional needs, and the broader family dynamic all come into play.
Judges are making decisions based on the child’s best interests, not simply tallying preferences.
If custody issues are part of your life right now, assumptions can create expensive mistakes.
