Divorce Virginia Custody

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In this state, natural parents are preferred to third parties as guardians of the minor. If a parent has a suitable residence and is fit, he/she has a superior right of custody. This assumption can be overridden if there is convincing proof of the following regarding the natural parent.

• Previous order limiting or terminating the rights
• Abandonment
• Voluntary relinquishment
• Unfitness

• Such a termination is in the best interests of the child
• The abuse or neglect by the parent poses a grave threat to the child
• It seems rather impossible that within reasonable time period the circumstances would alter

These are as mentioned below.

• Are there past incidences of family abuse?
• If the court concludes that the child has reasonable experience, age, understanding and brilliance to form and speak out a preference, then what is the reasonable preference of the child?
• The ability of each parent to cooperate regarding issues that impact the child
• The capacity and readiness of each parent to continue a close relationship with the child
• The inclination of each parent to actively endorse the contact and relationship of the child with the other parent
• With respect to the care and upbringing of the child, what role has each parent played in the past and what they intend to do in the future?
• The requirements of the child inclusive of the relationships of the child with peers, siblings, extended family members and with all concerned
• The relationship between the child and each parent regarding the following
  • The involvement of the parent in the life of the child
  • The capacity of the parent to precisely access and fulfill the physical, intellectual and emotional requirements of the child
• The mental state, physical condition and age of each parent as well as the child
• The changing developmental requirements of the child
• Any other issues that the court regards as essential for determination of custody

In Virginia, some individuals act in an official capacity in child custody cases. One such individual is the social worker. The court directs this social worker to the residence of the parents seeking custody for home study. The responsibility of the worker is to observe the residence, have a chat with the parents and the children. The next step is to report what he/she has seen to the judge.

Another individual is the GAL (Guardian ad Litem). This person is basically a lawyer and he/she is authorized to represent the best interests of the child. The court is empowered to appoint a GAL as per Section 16.1-266.

Some facts related to Child Custody in Virginia

• If the child is aged 6 to 8, the judge might be curious to visit the child for special reasons
• When the child is 8 to 13 years of age, the judge might possibly desire to interview the child
• In case of children above 13 years of age, the judge considers their preference of child custody as a controlling factor
• In case of the past decisions of the courts, it is observed that the courts have a preference for large residences. Specifically, if the house has a separate bedroom for the child, it is favored
• The objective of the court is that the child should continue contact with the extended family. This is particularly true in case of grandparents and in-law grandparents

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