The risk of losing child custody makes the experience scarier
The preference of the minor children is a major consideration in Virginia provided they are of an appropriate age.
In most cases, the parties enter into a child custody agreement in which the court makes minor changes and enters it into an official order.
In some complex child custody cases, emergency custody hearings are conducted to obtain emergency custody of the child. In cases of child abuse by a parent, emergency child custody orders are entered to end visitation with the abusing parent. The most important concept in child custody cases is the best interests of the child.
Best interest of the child is the overriding analysis that the court considers in determining child custody. To determine the best interest of the child, the court considers the age, physical and mental condition of the parent and the child, the maturity level of the parent whether the parent is stable enough to meet the needs of the child.
The court also considers the mental stability of the parent and analyses whether the parent is supportive of the child’s relationship with the other parent. Court go a step further to make a determination whether the parent acts in any manner that encourages the minor child to form a hateful opinion of the other parent.
The courts confer older children with the right to declare their preference as to which parent they wish to reside with. There are three types of child custody determinations in Virginia such as joint physical custody, joint legal custody, and sole custody.
If both parents are allowed custody of the minor child and the parties arrive at an arrangement where the minor child is required to reside with both parents as per the mutually agreed schedule, this custody arrangement is considered joint physical and legal custody.
If the court allows both the parents to take all important decisions regarding the minor child, then such custody arrangement is considered as joint legal custody.
When one parent is awarded both physical and legal custody of the minor child, such custody arrangement is termed as sole custody. in such situations, the party who is not awarded custody is allowed visitation time with the child. Such visitation may be supervised or unsupervised based on the facts of the case. In child custody cases establishing paternity is extremely important. When paternity of the child is established, it is easier for the courts to arrive at a custody or visitation arrangement
It is important that clients understand that before child support can be determined, first the court has to make a custody determination. Most clients are not aware and in some cases, even judges are not aware that if one parent has 90 days or more of custody of the minor child, then the parties have a share custody environment. This can result in a significant difference of pay the non-custodial parent has to pay the custodial parent. In many instances, child support is often a big driver behind child custody battles.
This is why it is critical that the Virginia child custody lawyer you hire has a significant amount of experience handling child custody cases in Virginia has a thorough knowledge of Virginia child custody laws.
Interstate Custody Issues: this law enforces Virginia courts to follow the Uniform Child Custody Jurisdiction and Enforcement Act. Basically, this law requires officials from different states to identify and assist in enforcing child custody orders from different US states. The reason these laws were passed was so top the abduction of children past state borders by non-custodial parents.
Mr. Sris has helped numerous clients with Virginia child custody cases. C