How Is Child Custody Decided In A Divorce In Virginia?

Creating a plan with the parents may be among the quickest methods to resolve a custody dispute in divorce. If you and your former partner can collaborate and cooperate on every one of the terms of a custody arrangement, the court will authorize your agreement if the provisions seem to be in the child’s best interests.

If you are experiencing difficulties reaching an agreement on all custody descriptions, you might consider going to mediation together.

Suppose you have already applied for divorce, even without a custody arrangement. In that case, you’ll be obligated to attend a mediation orientation program and may be instructed to participate in mediation.

Types Of Child Custody

In Virginia, there are two kinds of custody: Physical and legal . Legal custody refers to a parent’s authority to decide about their child’s well-being, such as schooling, religious practice, and primary healthcare.

Meanwhile, physical custody pertains to the parent providing the kid with the primary residence. The judge has the power to grant joint legal custody, full custody, or a hybrid of the two.

Joint Custody

Joint legal custody indicates that both people share the obligation and power for the children’s custody and supervision. Joint physical custody indicates that both parents accept substantial, but not necessarily equal, physiological and custodial responsibility for the child.

Sole Custody

Sole legal custody indicates that only one parent has oversight and jurisdiction over the child’s custody and supervision. Sole physical custody entails that the kid lives with only one parent, with the non-custodial parent establishing separate visiting rights.

A parent could never refute or limit the other parent’s visiting rights with the kids solely because that parent has still not contributed to child support. Child support and child visiting rights are lawfully distinct issues, so both parents are entitled to significant connections to their kids.

Regarding child support and visiting rights, if one parent declines to give the other visiting rights, the parent providing child support may not utilize this as a justification to withdraw or stop making child support payments.

Factors Affecting Child Custody

The children’s best interests are considered when determining the custodial rights of your child. The judge must take into account several variables, such as:

Primary Guardian

The judge should know which parent is mainly responsible for the children’s day-to-day affairs and pursuits. It covers the following:

• Each parent’s age, physical, and psychological condition.

• The child’s age, psychological, and physical situation, considering the child’s evolving learning and development needs.

• The child’s needs, taking into account other meaningful relationships in the child’s life, such as siblings, friends, and relatives.

• The capacity to appropriately evaluate and satisfy the child’s emotional, intellectual, and physiological needs.

• The capacity of each parent to comply with and settle conflicts concerning matters associated with the child.
• The tendency of each parent to enthusiastically support the child’s connection and close bond to the other parent, including what a parent has irrationally refused the other partner of full rights to or shared custody with the kid.

The Parent-Child Relationship

Courts will have to evaluate the connection between each parent and the children. It includes:

• The connection exists between each parent and each kid, with thoughtful regard given to efficient and adequate support in the kid’s development.

• The involvement that each parent has performed and will play in the child’s welfare and treatment.
• Each parent’s relative determination and proven ability to sustain a close and persisting attachment to the child.

The Reasonable Preference Of The Child

This primary consideration directs the judge to consider the child’s “reasonable preference” for custody and visiting rights.

It encompasses the child’s sensible choice if the judge finds the child to be of sound mind, comprehension, age, and knowledge to convey such a choice.

Judges might not even favor one parent more than another due to gender. In the later part, they have a lot of leeway when it comes to parental rights choices, and they can determine how to weigh these various factors. Judges must, however, discuss the justifications behind their choices.

Summary

Presume a divorcing pair cannot responsibly decide for custody in their children’s best interests. Then, to determine custody, a court must step in and assess specific indicators. When choosing child custody between parents, judges consider a variety of factors.

Each parent’s involvement in the child’s growth cannot be overstated. The child’s best interests generally influence the decision for custody, along with the numerous criteria explained in Virginia Code 20-124.3.

The Irving Law Firm could guide you with visitation and child custody choices if you are contemplating divorce. The firm’s family and divorce lawyers served as a valuable legal resource in Virginia for many years.

The Irving Law Firm can connect you with an efficient attorney who will assist you throughout the process, conveying information and working tirelessly to achieve the best possible outcome for you.

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