It is no hidden fact that divorce can prove to be a challenging time for a splitting couple. But you should not ignore the additional toll a broken relationship or a drawn-out divorce can attack the children of the marriage. Unfortunately, children usually get caught tragically in the mid of hostile divorces as each parent fights for custody. Fortunately, there are courts in Virginia for VA child custody determination and resolving custody disputes by basing their decision on the best interest of the children.
Establishing Child Custody
Courts in the Commonwealth of Virginia are usually free to order either sole custody or joint custody of the children involved following a divorce case. However, the courts are ultimately required under Virginia code to address “primary considerations” to what is in the children’s best interests when making VA child custody determination.
- The child’s mental and physical condition, as well as his or her age – just to make sure that due consideration is given to the changing needs of the child.
- The mental and physical condition and abilities of each parent, as well as their individual ages.
- The basic needs and requirements of the child – just to make sure that other important relationships of the child, such as with siblings and friends are taken into consideration.
- The child’s expressed preference, as long as it is reasonable as well as the court admits that the child is of certain suitable age with intelligence to express himself or herself, such as his or her preference.
- The legally enforceable role of each parent in raising the child, as well as his or her presumed and expected role in the future
- The nature of the current relationship between each parent as well as the child
- Each parent’s propensity to support and maintain the relationship of children with that of other parents
- Each parent’s ability to maintain and grow a relationship with the child as well as their ability to cooperate with each other in order to resolve issues that impact the child
- History of the tragic physical or sexual abuse in the family
Additionally, courts in the Commonwealth of Virginia are always free to take into account all other factors as it feels imperative for VA child custody determination.
Making modification in Virginia Child Custody Orders
Subsequent to the placement of a child custody order, it is quite possible that the situations and circumstances may change for either parent. And such change may necessitate a potential change in the arrangements of child custody. Courts in the state of Virginia often apply a two-pronged test when making VA child custody determination if to make a modification in a child custody decree:
- Has there been a variation in circumstances , and
- A change or modification in the custody is imperative and in the best interest of the child.
The law concerning VA child custody determination can get quite complex. Thus, it becomes imperative to retain a well-versed family lawyer to help you obtain the great outcome in the best interest of the child.