Frequently asked questions about the child custody laws and visitation?
If you are a parent and dealing with a divorce, there must be multiple questions in your mind. Getting a divorce and settling the child custody case is never easy as the primary concern of all the parents is to ensure the best for the child. This article offers to address most of your usual concerns linked with child custody and visitation laws in Virginia:
- What does the court mean by child’s custody? How legal and physical custody of the child differs in Virginia?
According to the Virginia laws, the custody of the child means the parents have the responsibility of fulfilling the emotional, physical, and financial needs of the child along with the right to make decisions for them until they are lawfully independent. It is the court’s responsibility to decide the custody of the child. There are two kinds of custodies in Virginia law, physical and legal custody. Legal custody is linked with the lifestyle of the child, whereas the physical custody is related to residence of the child.
- What factors will impact the decision of the court in Virginia?
There are numerous factors that influence the decision of the court in Virginia. The main aim of the judges in Virginia court is to take a decision, which is best for the child. Considering the difficulty and sensitivity of the situation, the judges acknowledge multiple factors including:
- The age, gender, and mental state of the child
- The relationship of the child with both the parents
- The willingness of both the parents to ensure a healthy relationship of the child with other parent.
- The preferences of the child
- The track record of parents when it comes to violence or physical abuse
- How many types of custodies are there?
There are generally 5 types of child custodies, which are listed below:
- Sole Custody: Single parent responsible for the child’s custody
- Joint custody: Both parents jointly care for the child
- Share custody: Parents sharing the custody rights for 90 days
- Split Custody: the children are split between the parents
- Divided Custody: Dividedly sharing the custodial rights for specific period of time
- Is it important for my child to testify in the court?
A divorce leaves a negative impact on the child’s psychology, therefore, the court prefers not to testify the child in the courtroom. The court believes that testifying a child in front of his/her parents could have adverse effects on the child’s mental health.
- Will court consider my child’s preference?
The court does consider the preferences of a mature child, who has a reasonable basis for his/her choice. Majority of the judges do not account for the preferences for a minor child aged 6 or 7.
- What does Virginia courts mean by award visitation?
The Virginia Child Custody law states that the child should maintain a healthy relationship with the other parent. Therefore the court grants the visitation right to non-custodial parent to visit their child.
If you need help with this type of case in Fairfax, Prince William (Manassas), Fauquier (Warrenton), Loudoun (Leesburg), Caroline, Stafford, Spotsylvania (Fredericksburg), Chesterfield, Henrico, Arlington, Richmond, Alexandria, call our law firm immediately for help and speak to a lawyer about your options.
The SRIS Law Group can help you the best possible outcome based on the facts of your case. If you wish to consult a Law office of SRIS P.C. attorney, call us at 888-437-7747.