What is “status quo” in custody cases?

Written by Rebecca Melone on . Posted in , , .

Anyone that has gone through a custody or visitation battle in court, or is about to, may have heard the term “status quo.” Status quo, in terms of custody and visitation, means the schedule the parties have been following prior to court. The court will consider what’s normal for the children and parents in setting a visitation schedule. So, if one parent leaves the home without the children, it is unlikely that parent will ultimately get primary physical custody.

Statutory Basis

The courts in Virginia have gone to great lengths to try and dispel the idea that status quo is a factor in determining custody and visitation. In fact, Virginia Code 20-124.3—the best interest of the child standard – does not mention status quo directly. However, it is disingenuous for the courts to claim that status quo does not play a part when so many elements of the Virginia Code 20-124.3 ultimately rely on the pattern the parties have been following prior to litigation.

In order to fully understand how status quo impacts what the court considers to be in the best interest of the child when determining custody and visitation cases, it is important to review all ten factors of Virginia 20-124.3; but the following weigh the most heavily:

  • Factor (3): Which deals with the relationship existing between each parent and child strongly relies on status quo. If one parent left the home, and other parent has been taking care of the daily needs of the child; that parent is going to have a different relationship than the parent that left the home. The court will strongly favor keeping the child with the parent who has been handling the day-to-day needs of the child;
  • Factor (5): The role that each parent has played and will play in the future again heavily relies on status quo. In the example where one parent leaves the home, the court is going to consider that parent’s role to have been minimal and, for continuity, work to give the child the same contact with that parent.
  • Factor (7): The ability of each parent to maintain a close relationship with the child also relies heavily on status quo. The court will consider that the parent who does most of the day-to-day care has the closest relationship with the child.

Separation Makes Time-sharing Difficult

Any parent who is going through a separation understands the harsh reality that equally splitting time with a child is difficult; especially when the parents are not getting along. In addition to the relationship factors, there are also financial issues that arise—it is not always possible for the parents to separate and then live close enough to exercise an equal custody arrangement. Transferring the children back and forth during the week may not be possible given the children’s school and extracurricular programs and childcare availability.

Parental Alienation Issues

The most frustrating situation is when one parent takes the children and leaves and then blocks the other parent from having time with the children. In these instances, even though the other parent is blocking access to the children, which would be relevant to Virginia 20-124.3(6), the court may still side with the offending parent based on the status quo. It is important that if you are being alienated from your child that you act quickly and get your custody and visitation case before the court before a new pattern or status quo is established.

Contact Melone Hatley, P.C.

The top-rated attorneys at Melone Hatley, P.C. are here to help! Melone Hatley, P.C. is a family and estate firm serving Virginia Beach, Richmond, and Northern Virginia. Our philosophy is to provide all of our clients with the highest quality legal representation, innovative legal solutions, and unsurpassed dedication to customer service.  Through our high standards, we strive to be a trusted resource to our clients.

We know from experience that a successful attorney-client relationship depends on our ability to understand your needs and objectives.  For more information about child custody, contact our Client Services Coordinator at 1-800-479-8124 or book your appointment online.


Rebecca Melone

Written By Rebecca Melone

Rebecca Melone established Melone Hatley P.C. in 2014 with the goal of helping families with a range of legal services from estate and family law to traffic tickets and misdemeanor criminal matters. Over the past five years the firm has grown and expanded its services to include a wide range of e…
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