We get this question a lot due to misconceptions about the custody process. Simply put, fathers have a right to their children and Virginia State law forbids the practice of favoring a parent based on gender or sex alone. There is no presumption or preference in favor of mothers in Virginia custody cases.
Virginia Code Ā§ 20-124.3Ā explicitly requires courts to base decisions on the factors it sets forth which includes and is not limited to the age, physical, and mental condition of the child, the relationship existing between each parent, the needs of the child, and the role the parent has played and will play in the future upbringing of the child.
Regardless of gender, if custody is your most important issue during the divorce we highly recommend speaking with one of our experienced family law attorneys regarding custody strategies, potential custody schedules, and case building.