Child Custody Laws in Virginia
Parents who wish to file for custody in the state of Virginia should become familiar with the
practices in the family courts. Generally, the family court will use several factors to determine who will be awarded child custody. The court’s primary objective is to encourage continuous contact between the child and both of their parents.
Best Interests of the Child
The Virginia family courts use the following criteria to determine which parent is granted custody based on what is in the best interests of the child. Some of that criteria may include:
-The age, physical, and mental condition of both of the parents
-The age, physical and mental condition of the child
-If the child is 12 or older, they will have a choice in choosing which parent they would like to live with.
-How each parent is involved in bringing up the child
-Whether each parent will be able to condone a positive relationship between the child and the other parent
Mediation
In the family courts of Virginia, mediation may become a relevant factor in determining who is granted custody. In a mediation session, the goals are as follows:
-To acquire a parenting plan that outlines where the child will be living
-To figure out how the parents will resolve any issues in the future
Criminal Convictions
In the state of Virginia, the court has the ability to deny one parent from filing for custody if they have committed any of the following crimes:
-Felony assault with bodily harm, if the victim was a child of the parent
-Murder, voluntary manslaughter, or an attempt to do so
-Sexual assault, if the victim was the child
Relocation
If a parent wishes to move with the child for any reason, the parent much give the court and the other parent at least 30 days notice of this relocation. Within that notice the relocating parent must include where they will be moving (their new address).
In Virginia, the family courts are looking to appease the child in all of the best ways possible. Sometimes this may include disallowing one parent from the custodial battle and granting the other parent with sole custody. If you have committed any felonies or have any criminal convictions then you may find that you will have a difficult time obtaining custodial rights. If you and your family determine that it is the best decision to file for child custody, make sure that you are coming to an agreement that will both help the child and help to maintain some sort of family atmosphere.
Editors Note: For more information on Child Custody Laws please make sure and check out the Child Custody State Laws Guide for more detailed information.
Child Custody Law
Child Custody Rights