Custody is the when the person is assigned to be the legal guardian of a minor child. In the state of Virginia, the law takes into account the best conditions in which the child can live in between both parties asking for custody. In Virginia, the court will assign an agency to fully investigate the parties who are asking for custody of a minor child.
After full investigations by the agency, the results of each party are compared to each other to see what circumstances delivered by each party can fit the kiddie’s best interests the most. Virginia law also allows the minor child’s own view of the case to interfere with the result. A custody case is usually filed by a parent along with a divorce file so that the court can determine which parent gets the minor guardianship after they separate when they divorce.
Virginia law allows for three cases of custody to be the decision after a person files for custody of a minor child. These three are the following:
- Joint Legal Custody: this is when both parties are forced to take joint care of the juvenile child;
- Joint physical care: this is the case when both parties are forced to take physical care of the juvenile child. This could be done by dividing the weeks of a month. For every two weeks, the minor child spends them with a party and the other two weeks with the other party.
- Sole Custody: this is when the court decides that one party only will take full legal care of the minor child and has the full responsibility for doing so.
How is custody documented in the state of Virginia?
- The individual requesting the guardianship of a minor child must demonstrate that the kid lived in the province of Virginia for at least a half year before petitioning for the juvenile guardianship.
- The individual asking for the guardianship must show for what valid reason he/she has the privilege to care rather than the person who has the responsibility to do so at the moment. This should be possible in different ways. These include:
- The minor was a subject to abuse by the present guardian;
- The minor was exposed to physical impact by the present guardian; and
- The minor was a subject to neglect by the present guardian.
- Provide the data required by the Uniform juvenile guardianship Jurisdiction, for example, the youngster’s past home areas, the kid’s protector in every area, etc.
- The individual requesting the crisis authority must approach the court to summon the juvenile’s present guardian.
- The individual who requested the guardianship stands by until the court chooses a date for a full hearing to pass judgment on the case.
- After a full hearing, the individual requesting the guardianship will wait until a full investigation is done by an organization hired by the court.
- After the investigation, an official conclusion will be made in regards to the matter of which individual will take the custody and authority of the minor.
If you need a Virginia Child Custody lawyer to help you with your juvenile guardianship case in Virginia, call us at 888-437-7747. Our Virginia Child Custody attorneys can help you.