Child Custody During Divorce in Virginia

When a married couple with children decides to get divorced in the state of Virginia, the issue of child custody allocation will arise. ‘Child custody’ refers to the legal rights to nourish, provide for, and be principally responsible for a child, which is granted to either one or both of the parents after a divorce procedure.

Primarily, the couple must mutually discuss the situation and attempt to come to an agreement outside of court. A child custody dispute can be time-consuming, expensive, and grueling for both the children and parents involved.

Factors That Determine Who Gets the Child Custody

The primary interest of the law is to decide what is in “the best interest” of the child. It is advantageous to the parent claiming child custody to be highly accommodating to appeals for justified visitation rights by the ex-partner. By Virginian law, when the parents cannot mutually agree on who will take the child custody, the court will make a decision regarding the parent most fit to take the child’s custody, using the following factors:

Strength of relationship of child with the parent
Financial and emotional necessities of the child in concern
Mental and physical fitness of the individual parent
Financial ability
Age of child
Number of children
Justified preference by the child ( Only if child is of sound age and mind to reasonably express such a partiality)
Past records of abuse
Each parent’s role in the child’s upbringing
Willingness to maintain a strong parental relationship with the offspring

The court will consider all the above factors to come to a conclusion, where they will grant joint or sole legal custody. The court custody decision is approved by the judge and filed. Both parents must legally adhere to it. If one parent has been refused court permission to access a child, he or she may appeal the issue in court again. On the other hand, any new mutual agreements between the parents regarding the child custody must be appealed and approved in court before put into action.

Alternatives to a Court Custody Dispute

Instead of going to court, a divorced couple who cannot agree upon a child custody arrangement in Virginia can undertake mediation. These are sessions administered by a mediator unbiased towards any individual party. The mediator aids the parents in deciding upon a solution that will indefinitely resolve the conflict. Mediation may be ordered by a judge if considered appropriate. Conversely, if the Virginian divorce involved accusations of abuse, mediation is not a reasonable choice.

Talk to an Attorney

Any Virginia resident facing child custody issues should get in touch with a child custody lawyer as soon as possible to ensure their child’s rights are protected and the most suitable child custody arrangements are made. This is the best bet to reach an agreement where both parental parties concerned and the child are satisfied.

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