Custody

When deciding custody, a judge will generally look at what custody arrangement in the “best interests of the child.” The law in the Virgin Islands, however, doesn’t give much guidance as to what specific factors must be considered, except to say that the judge should give “due regard to the age and sex of such children and giving primary consideration to the needs and welfare of such children.”² The only time when there is a specific list of factors that a judge must consider is in cases of domestic violence. To see these factors, go to What factors will a judge consider when deciding custody and visitation when there is domestic violence?

Here is an example of what factors a judge in one court case considered when deciding custody, which were considered appropriate by the highest court in the Virgin Islands – however, we cannot say if the judge in your case will consider the same factors:

• the home environments of each parent;
• the ability of each parent to nurture the child;
• whether either parent was guilty of any abuse or neglect;
• the relationship between the child and the parents;
• the relationship between the child and other individuals who are present in the home;
• the ability of the child to relate to any siblings; and
• the willingness of each parent to provide a stable home environment for the child.³

¹ See generally, 16 V.I.C. § 109
² 16 V.I.C. § 109(a)(1)
³ See Madir v. Daniel, 53 V.I. 623 (2010)