This guest post is from a Spring
2020 Regent Law Family Law student:
Code of Virginia
§ 20-124.3 explains how the best interests of the child standard is applied to
custody and visitation. Some considerable factors include the age and mental
condition of the child and the parent, the existing relationships between the
child and the parent, and the reasonable preference of the child. The court has
broad discretion and makes decisions with the child in mind. The parents may
not be satisfied, but the child’s well-being takes precedence when those
parents are before a court of law.
Our Lord
cares deeply for children. When Jesus’ disciples asked who was the greatest in
the kingdom of heaven, Jesus called a child over and said, “Truly, I say to
you, unless you turn and become like children, you will never enter the kingdom
of heaven. Whoever humbles himself like this child is the greatest in the
kingdom of heaven. Whoever receives one such child in my name receives me, but
whoever causes one of these little ones who believe in me to sin, it would be
better for him to have a great millstone fastened around his neck and to be
drowned in the depth of the sea.” (Matthew 18:3) In His righteousness, God
places a child in a distinguished position among a group of adults and
expresses an eagerness to avenge any harm that might come to the little
one.
No family
is perfect, and God is not surprised by our shortcomings. However, God desires
to bless children in spite of their parents’ sins. Abraham had a child with
Hagar, but Sarah told him to send the woman and her child away. God said to
Abraham, "Be not displeased because of the boy and because of your slave
woman. Whatever Sarah says to you, do as she tells you, for through Isaac shall
your offspring be named. And I will make a nation of the son of the slave woman
also, because he is your offspring.” (Genesis 21:12) God's response to
Abraham's folly was separate families, even separate nations. Sending away Hagar
and Ishmael must have been difficult, but God was faithful to provide for them.
Through God’s mercy, Ishmael, a boy from a broken home, was blessed by the
Father.
When a court places the child’s interests at the center of a legal matter, it shares
the Psalmist’s sentiment when he proclaimed, “Behold, children are a heritage
from the LORD, the fruit of the womb a reward.” (Psalm 127:3) It can be easy
for adults to push children to the side, trivialize their struggles, and ignore
their concerns. This is especially true during a divorce or custody hearing.
God looks out for the children, and the court is bound to do the same.
Thanks for sharing this article.
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