Full Custody Father in Virginia
In the state of Virginia, the court does not give preference to either parent.
After a divorce, many factors will be considered before the court decides custody arrangements, both mother and father will be evaluated equally, and an agreement will be based on the best interests of the child or children.
The best interests of the child or children will be assessed on a number of factors including:
- The age, physical or mental health of both parents.
- The relationship between the child and the parent, specifically each parent’s involvement in the child’s life and ability to meet the child’s emotional and physical needs.
- The ability of each parent to support the child’s relationship with the other parent
- The willingness of each parent to maintain a positive relationship with the child and to resolve any potential disputes with the other parent.
If the father can show through the above factors, that it is in the interest of the child or the child to stay with him, there is a high chance that he will get full custody.
In the event that the mother is absent or not involved in the custody dispute for reasons such as death or incarceration, a third party, such as a relative, may seek custody of the father’s child or children. Fortunately, Virginia child custody laws favor the father rather than a third party. This presumption can be overcome by a third party in some situations, including;
- Where a parent has abandoned the child or children.
- If the father is shown to be unfit as a father.
- If the court finds good reasons to remove the child or children from the parent, for example, if the parent is not safe for the children to be around.
If the father does not apply to any of these three terms, then in the event that a third party also files for custody, there is a high probability that the father will gain full custody of the child(ren).
In order for a parent to gain full custody of their child, then they must prevent the court from considering the child to be incapacitated by the parents. This finding may be based on evidence showing that the parent has engaged in misconduct affecting the child, if the parent previously abandoned the child, or if the parent failed to meet the child’s emotional and physical needs. The Virginian court may also take into consideration the family background of the father. To get custody, the father must provide what the court considers to be a supportive home. Virginia courts have found that morally unstable homes are homes where issues such as adultery or cruelty exist.
There is no prescriptive way to improve a father’s chances of gaining full custody in the eyes of the Virginia court. However, this is where an attorney comes in and how they articulate the father’s situation with the factors the court considers is what can put the father in a good position to be awarded the full custody that he seeks.
If the father wins full custody in Virginia, you need to know that the custody agreement can be modified or terminated later. When a child custody case is modified or terminated, it is usually because the factors that may have favored the court in reaching an agreement have changed and the court will determine a different agreement in the present.
If you need a Virginia child custody attorney to help you with your Virginia child custody case, call us at 888-437-7747. Our Virginia child custody attorneys can help. C