Sole custody in Virginia can be either physical or legal. Sole custody means that only one parent has the custody of their child or children.
Sole Physical Custody:
With which parent a minor lives is considered to be sole physical custody.
The role of both parents in regards to the upbringing of the minor is seriously considered by the court in Virginia. However, there is a distinct advantage towards the “primary caregiver” of the minor due to the fact that keeping the minor in good and stable health is a highly concerning matter for the court in Virginia. They don’t want the minor to go through more difficulties.
Sole Legal Custody:
Sole legal care means that only one parent can make major decisions regarding their minor. Even though only that parent can make the decision, both spouses must still talk about any important decisions about their minor. When sole care is granted that means that one parent has abused their minor, the accessibility to the minor has been unreasonably restricted, one parent continues to engage in parental alienation and undermines the other parent, and/or the parents can’t agree on each other’s terms and won’t communicate in any way.
Can Sole Custody Ruling be Reversed?
If someone’s wife or husband got exclusive care instead of him/her then it would be very difficult for the person to reverse the ruling. An excellent family lawyer is required in order for the person to at least have a chance.
Some Factors that Would make a Person Fail or Succeed the Sole Custody Case in Virginia:
The court looks at what would be the best interest of the child when granting sole care in the state of Virginia. This decision would be affected by both parents ages, the mental and physical health of the parents, the age of the child, the mental state and the physical abilities of the child, the child’s physical, if a caretaker is willing to encourage the relationship between the child and the caretaker’s spouse, the positive involvement that each caretaker has towards his/her relationship with their child, the role of each caretaker and their plans for the future, the child’s gender, any history that involves abuse of the child from either caretaker, who was the child’s primary caretaker, if a caretaker can provide the basic necessities to his/her juvenile such as clothing, shelter, medical care, and/or food, and finally each caretaker’s relationships with the extended family members such as peers and/or siblings.
Additional ways that would make a person fail sole custody in the state of Virginia
If someone is filing a divorce in the state of Virginia and his/her current circumstances are that they are homeless, unemployed, and/or have an addiction to alcohol, drugs and/or gambling, then they will most likely fail the exclusive guardianship case. However, if someone actually fixes those difficult circumstances, then he/she can use the help of a family law attorney and petition the court for a review of the guardianship.
If you need a Virginia Child Custody Lawyer to help you with your minor guardianship case in Virginia, call us at 888-437-7747. Our Virginia Child Custody attorneys can help you. C