Filing for custody in Virginia?
You need to know that it can be a very traumatic and taxing process. The future of your child is at stake! So, before filing for child custody in Virginia, speak to a VA child custody lawyer.
Who does custody rights vest with?
Generally, custody is with one of the two divorced parents, who is selected to be the legitimate guardian of a minor child. A minor child aged below 18 years needs to be in the custody of either of the divorced parent.
In the state of Virginia, custody rights of a minor child is given to the parent who can provide better living conditions for the child, take decisions regarding the child’s education, health, social activities, etc. In the state of Virginia, the court of law before deciding which of the two parents will have the custody of the child will often appoint a Guardian Ad Litem to completely explore and investigate the individuals or parents who are filing for custody in Virginia.
After the investigation by the Guardian Ad Litem, the conditions of each parent seeking the custody of the child are weighed and compared to determine who would be better suited for the child to live with. The custody rights laws also allow the parents to arrive at a decision in this regard. A child custody case is generally filed by one of the parents along with the petition for separation and the court will decide which of the parent will get the minor child’s custody after the separation.
A parent filing for custody in Virginia will have to consider that the law provides three types of child custody. They are as follows:
- Joint Legal Custody in Virginia: It happens when both the parents are compelled to take joint custody of the minor child. In joint legal custody, both parents will have to support the child as if they have full custody, but in reality, it will be shared;
- Joint Physical Custody in Virginia: It happens when both the parents are compelled to take physical custody of the minor child. For example, the minor stay with one of the two parents for two weeks in a month and the other two weeks with the other parent. In other words, the physical custody of the child is shared between the parents equally;
- Sole Custody in Virginia: Sole custody means the court grants one parent the custody of a minor child and that parent will take the complete lawful custody and care of the minor child.
When you are filing for child custody in Virginia, the stress levels can be at its peak. That is why we encourage you to talk with one of our Virginia child custody attorney for help with representing you in your child custody case. So, speak to an experienced Virginia child custody lawyer before filing for custody in Virginia.
Mr. Sris is a Virginia child custody lawyer who has helped numerous parents file for custody in Virginia.