No, at this time there are no presumptions in the law regarding custody. The Virginia courts used to examine cases with young children under the “tender years doctrine” that assumed young children were best cared for by their mother. Virginia courts no longer employ this doctrine. Instead, the courts will make custody and visitation determinations based on the best interest of the child by considering specific statutory factors statutory factors (Va. Code § 20-124.3). In fact, many Virginia family lawyers believe that the courts are becoming more protective of father’s custodial rights to ensure the children have access to both their parents.