Whether a parent is establishing parentage or going through a divorce, Virginia child custody laws play an active role in guiding that process. These family court cases can quickly become contested, and the courts examine the evidence when custody determinations need to be made. Understanding how Virginia courts decide custody can help parents protect their rights and their relationship with their children.
Factors Virginia Courts Consider When Deciding Custody
Whether a child’s home is in Old Town Winchester, Meadow Branch, Shawnee Heights, or elsewhere in Virginia, family court judges consider the child’s best interests when making child custody determinations.
The main Virginia child custody statute is Virginia Code § 20-124.3, which requires courts to consider factors including:
- The child’s age and needs
- Each parent’s age and physical and mental condition
- The child’s relationship with each parent
- The child’s relationships with siblings and others
- Each parent’s past and future role in the child’s upbringing
- Each parent’s willingness to support the child’s relationship with the other parent
- Any history of family or sexual abuse
The violent crime rate in Virginia is 2.547 per 1,000 residents per year, and a spouse with a serious criminal conviction could face challenges securing custody rights during a divorce. Given the state’s divorce rate of 2.7 per 1,000 residents and the fact that 23% of the population is under 18, many parents find themselves advocating for their parental rights in family court every year.
Legal Custody vs. Physical Custody in Virginia
Virginia law recognizes legal and physical custody. Legal custody determines decision-making authority. When one parent has sole custody, they would likely have sole decision-making authority on matters tied to education, religious training, healthcare, and other important matters. Physical custody decides where the child lives.
Even when a child has a primary residence, the parenting schedule may allow visits with the other parent. The courts generally encourage parents to share in parenting responsibilities, but the outcome of custody cases may leave one parent with greater possession time.
Modifying an Existing Child Custody Order
When circumstances have substantially changed, either parent may return to the court to request a modification to the custody order. One parent may move farther away, for example, which could make the current parenting plan untenable. In other cases, there may be concerns about one parent’s ability to provide a safe and stable home environment.
The party seeking a modification generally has the responsibility of presenting evidence to support their request. The other parent must be notified about the court case and allowed to participate. After hearing arguments from both sides and reviewing the evidence, the judge who signed the original order may consider whether a modification is warranted.
Why You Should Hire a Child Custody Lawyer
The outcome of any child custody case can have lasting impacts on the time you spend with your child. Rather than throwing yourself at the mercy of the court, you can protect your rights and interests when you hire a child custody lawyer. When you work with a Virginia child custody attorney, you can secure a favorable child custody arrangement that preserves critical parenting time and custody rights.
A Virginia child custody attorney can gather evidence that demonstrates your parenting responsibilities and ongoing support of your child. If you are falsely accused of neglect or abuse, your attorney can refute those accusations before they harm your case. By actively guiding a case rather than reacting to the other parent’s actions, an attorney can play a decisive role in protecting your parental rights.
FAQs
How Is Child Custody Determined in Virginia?
A child custody case is determined in Virginia based on the child’s best interests. Evidence plays a critical role in shaping the outcome of a dispute, and legal support can also influence the outcome of your case. Courts consider each parent’s relationship with the child, parenting role, ability to meet the child’s needs, and other factors established under Virginia law.
What Constitutes an Unfit Parent in Virginia?
What constitutes an unfit parent in Virginia is generally any evidence of past child abuse, neglect, or abandonment. Parents with a criminal record, ongoing criminal charges, or documented drug or alcohol abuse may also face increased scrutiny during custody proceedings. Rather than relying on a single definition of an unfit parent, Virginia courts evaluate evidence concerning the child’s safety, well-being, and best interests when determining custody.
Can a Mother Move a Child Away From the Father in Virginia?
A mother generally cannot move a child away from the father in violation of an existing custody or visitation order. A final custody or divorce order may contain provisions affecting relocation, and Virginia law requires a parent intending to relocate to provide advance written notice to the court and the other parent, unless the court orders otherwise. Relocation disputes may ultimately require court intervention.
Who Has Custody of a Child if There Is No Court Order in Virginia?
Both parents would have rights to the child, but if there is no court order in place, enforcing those rights becomes a challenge. When the parents are married, they generally have equal parental rights absent a custody order. For unmarried parents, establishing legal parentage can become an important part of obtaining enforceable custody or visitation rights.
Contact Amable Law, PLLC for Your Child Custody Case
The family law attorneys at Amable Law, PLLC understand that nothing is more important in your life than being a parent and spending quality time with your child or children. When you work with our award-winning law firm, you gain the steady support of advocates who understand the challenges that you are facing and how to provide you with results-driven legal representation. Awards and recognition are not guarantees of future results.
Do not risk your parental rights on unproven legal support. Our dedicated team of attorneys stands ready to advocate for your rights and interests at every step. While we understand the benefits of a negotiated agreement, we are also prepared to protect your rights through litigation. Contact our office today to schedule your consultation.
