Proceso completo de custodia legal de un abogado de Virginia

Do you want to know what the steps are to get full custody of your child in Virginia? You should know that there are 2 types of custody in Virginia: physical and legal custody. And it can be further classified as  sole physical custody  and/or sole legal custody.

In  legal custody  , the ability of the parents to make serious decisions for the benefit of the child will be examined. In physical custody, it will be about the daily maintenance of the child, so the primary physical custody will be granted to the father, who will be the main person responsible for taking care of the child.

Every custody case can be difficult to handle because the courts must consider a number of issues when determining what will be best for the child. Additionally, in the state of Virginia, public policy supports the involvement of both parents in the upbringing of the child. In Virginia, custody is defined as the legal obligation to control and care for a child under the age of 18.

Joint custody  is defined as the parents participating in decision-making regarding issues such as the child’s education, health care, and religious training. Also, the child lives with each parent in  joint custody  and both parents have the same rights as the child, even if they are not married and even if there is no court order.

If a parent is awarded full custody of the child, they are allowed to make all the serious decisions in their child’s life because they have full legal and physical custody. It is because the child lives with them full time. But if the other parent is not abusive, then the court will grant visitation rights, even if there is not full custody. However, these visits are made by the court and are supervised.

Procedure for sole legal custody of a child in Virginia:

In order for a parent to obtain sole legal custody of a child, in the absence of a court order, the parent seeking custody must apply for custody to the Court Services Unit of the Juvenile and Domestic Relations Court. Here he will only have to present the basic information, for example, where the father and the child live. But if there is a prior custody order, then the parent must file a motion to amend or revise the order in the same court that issued the custody order. In addition, the parent will once again be required to serve the other parent with the necessary legal documentation.

When this is done, the court schedules an initial hearing during which there may be a psychological evaluation of both parents, the court orders mandatory mediation, an attorney appointment for your child, or even an interim custody order. If both parents cannot reach an agreement regarding custody of the children, then a hearing will be held on the requesting parent’s petition in 1-3 months.

You should know that various factors, such as a history of abuse, drug or alcohol problems, violations of a previous court order, having older children, among others, will influence the judge’s decision to award full custody of the child. Therefore, strategize with your Virginia child custody attorney to obtain a favorable decision.

Mr. Sris has helped numerous clients with  Virginia child custody cases . C