Fathers Rights Virginia Child Custody Laws Fathers Rights VA Lawyer

It can seem to be a daunting task for the fathers to get custody of their children. If you want custody of your child, learning how the law applies to your case is vital.
It is well known that the determination of minor guardianship can be the most agonizing and essential part of a divorce. Divorces often do not end amicably as there are often hard feelings between the couples.

For most caretaker, children are their precious asset and the battle for guardianship thus begins. While splitting from their spouse can be very painful for men, separation from their own children may be even more agonizing. The general presumption is that the mothers will get guardianship of the minor but the times are changing, fathers are now frequently being awarded primary physical guardianship or at a minimum shared guardianship. In Virginia, courts do not give gender preference where minor guardianship is concerned and the case is decided based on several factors that determine the juvenile’s best interests.

Let’s understand how child custody is determined in Virginia:

• Age, physical and mental health of the child;
• The developmental needs of the minor;
• Age, physical and mental health of the parents;
• The relationship between the minor and the parent;
• Parent’s knowledge of the child’s emotional and physical needs;
• Past and future parental concern in fostering and caring for the child;
• Parent’s willingness and support for the child to stay in contact and being involved with the other parent;
• Parent’s willingness to maintain a close relationship with the child;
• The child can express a preference for one of the parent but for this, the child must be mature;
• If one of the parents has a history of sexual abuse; and
• Any other factor deemed necessary.

Let’s understand how child custody is determined in Virginia:

• Legal custody gives the parent the power to decide on the care and control of the minor child;
• Joint legal custody means both parents having legal care of the child;
• Sole legal custody means legal care is awarded to one parent only;
• Physical custody includes the care and supervision of the child daily; and
• Primary physical custody means one parent has the physical custody of the child unless the other parent uses visitation rights.

In custody cases in Virginia, the caretaker involved with the minor on a daily basis is advantageous. Fathers must prove in court that bringing up the juvenile and their future is their primary goal in life. The court will consider the best interests of the minor in guardianship cases and that will include food, transportation, dress, hygiene, and helping the minor with studies and school activities. Caretakers seeking guardianship of the children need to be well acquainted with their children’s daily routine, activities in school, parent-teacher meetings, sports, etc. A father seeking guardianship rights must be aware of the juvenile’s friends, names of the teachers, and doctors.
Guardian involved in drug abuse and addicted to alcohol may not get custody rights of their children. Also, courtroom etiquette, sticking to the dress code during the court hearing, and maintaining respectability are the key factors that will work out to your favor.
As the father of a minor, you are probably anxious to gain custody of your minor. Well, hiring an attorney who has experience representing fathers and ensuring that the father’s rights are protected in court may prove to be a critical factor in your minor guardianship case.
Mr. Sris has helped numerous fathers get custody of their children. The myth that fathers always lose is just that, a myth. Make sure your rights are protected in court. C