State Codes and Statutes

Statutes > Virginia > Title-63-2 > Chapter-12 > 63-2-1205

§ 63.2-1205. Best interests of the child; standards for determining.

In determining whether the valid consent of any person whose consent isrequired is withheld contrary to the best interests of the child, or isunobtainable, the circuit court or juvenile and domestic relations districtcourt, as the case may be, shall consider whether granting the petitionpending before it would be in the best interest of the child. The circuitcourt or juvenile and domestic relations district court, as the case may be,shall consider all relevant factors, including the birth parent(s)' effortsto obtain or maintain legal and physical custody of the child; whether thebirth parent(s) are currently willing and able to assume full custody of thechild; whether the birth parent(s)' efforts to assert parental rights werethwarted by other people; the birth parent(s)' ability to care for the child;the age of the child; the quality of any previous relationship between thebirth parent(s) and the child and between the birth parent(s) and any otherminor children; the duration and suitability of the child's present custodialenvironment; and the effect of a change of physical custody on the child.

(1995, cc. 772, 826, § 63.1-225.1; 2000, c. 830, § 63.1-219.13; 2002, c. 747;2003, c. 467; 2006, cc. 825, 848.)

State Codes and Statutes

Statutes > Virginia > Title-63-2 > Chapter-12 > 63-2-1205

§ 63.2-1205. Best interests of the child; standards for determining.

In determining whether the valid consent of any person whose consent isrequired is withheld contrary to the best interests of the child, or isunobtainable, the circuit court or juvenile and domestic relations districtcourt, as the case may be, shall consider whether granting the petitionpending before it would be in the best interest of the child. The circuitcourt or juvenile and domestic relations district court, as the case may be,shall consider all relevant factors, including the birth parent(s)' effortsto obtain or maintain legal and physical custody of the child; whether thebirth parent(s) are currently willing and able to assume full custody of thechild; whether the birth parent(s)' efforts to assert parental rights werethwarted by other people; the birth parent(s)' ability to care for the child;the age of the child; the quality of any previous relationship between thebirth parent(s) and the child and between the birth parent(s) and any otherminor children; the duration and suitability of the child's present custodialenvironment; and the effect of a change of physical custody on the child.

(1995, cc. 772, 826, § 63.1-225.1; 2000, c. 830, § 63.1-219.13; 2002, c. 747;2003, c. 467; 2006, cc. 825, 848.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-63-2 > Chapter-12 > 63-2-1205

§ 63.2-1205. Best interests of the child; standards for determining.

In determining whether the valid consent of any person whose consent isrequired is withheld contrary to the best interests of the child, or isunobtainable, the circuit court or juvenile and domestic relations districtcourt, as the case may be, shall consider whether granting the petitionpending before it would be in the best interest of the child. The circuitcourt or juvenile and domestic relations district court, as the case may be,shall consider all relevant factors, including the birth parent(s)' effortsto obtain or maintain legal and physical custody of the child; whether thebirth parent(s) are currently willing and able to assume full custody of thechild; whether the birth parent(s)' efforts to assert parental rights werethwarted by other people; the birth parent(s)' ability to care for the child;the age of the child; the quality of any previous relationship between thebirth parent(s) and the child and between the birth parent(s) and any otherminor children; the duration and suitability of the child's present custodialenvironment; and the effect of a change of physical custody on the child.

(1995, cc. 772, 826, § 63.1-225.1; 2000, c. 830, § 63.1-219.13; 2002, c. 747;2003, c. 467; 2006, cc. 825, 848.)