In the state of Virginia, the law defines custody to be the guardianship of a minor child. The guardianship of a minor child is taking full responsibility for a minor child. A minor child is defined by Virginia law to be someone below the age of 18 years old. In Virginia law, there are three types of custody. These are the following:
- Legal joint custody: this is when both parties that are fighting for child custody share the custody as in sharing the responsibilities towards the minor child.
- Physical joint custody: this is when both parties have to divide the time in which the minor child is their responsibility. This means that for example, two parents divide a week into three days for the father to take care of the minor child, three days for the mother to take care of the minor child and the seventh day of custody which is changed every week.
- Sole custody: this is when a party is to take full responsibility and care of the minor child while the other party is either given specific visiting dates or the party is not allowed to visit the minor child at all times.
In the state of Virginia, there are cases where one of the parties in the case of child custody takes full custody of a minor child. When this is done, Virginia law determines that the court must decide if the other party is allowed to visit at certain times or not. If the party is allowed to visit, the court whose judge is judging the case has to specify the dates in which the non-custody party must visit.
If the non-custody party visits the minor child at another time other than the ones specified by the court, the party who has the custody is allowed to refuse the other party’s need to visit the child and can keep the minor child away from the other party.
In the state of Virginia, a full hearing is done so that the court can collect the information needed. If there was no mutual decision after the hearing, a trial must happen in which there will be witnesses for some incidents. The witness might prove that one of the parties has experience in domestic violence, crimes, alcohol, child abuse, etc.
In the state of Virginia, the court that decides who gets the custody of a minor child takes every individual’s or party’s interest including the child’s opinion under consideration. In terms of a child’s interest, the court will ask for the minor child’s opinion in the case. In terms of the parties’ interests, the party having the sole custody might not be allowed to leave the place he/ she lives in if the other party lives in the same place. This is because of the fact that the non-custody party will not get to visit the minor child if he/ she is not in the same place as the minor child.
If you need a Virginia Child Custody lawyer to help you with your Child Custody case in Virginia, call us at 888-437-7747. Our Virginia Child Custody attorneys can help you.