Most states, which also includes Virginia, provide a method for resolving child custody. Such a method resolves, analyzes and assumes the father as well as the mother as obligatory. The orders weigh each of such calculated orders by a certain percentage of the total time spent with the parents and then counterbalances the difference. The parent who owns the great amount of time spent becomes obligatory. This cross credit way of the formula increases the schedule by the amount of 1.5 when it comes to calculating each parent’s order.
No doubt, it can get confusing, as this is Virginia’s version of the cross-credit formula, which is unique as it relies on a lower multiplier and then for a lower threshold as most states do. When it comes to the rights of having the custody of a child, unless and until there is no court order, both the parents; including the father and the mother have equal privileges and rights to obtain the custody of the child, even if they are married or not. However, the law ensures consistent and regular contact with the child with both of his or her parents. It also doesn’t assume that the combine custody is favored by both the parents.
Ordering Child Custody
In order to get things started, you need to begin by filing a petition for the child custody in the court. It is important that you fill out the information about the child’s whereabouts in the last six months. It is necessary to fill in the correct information at all times, as there are chances that the cases can likely be then transferred to the proper country or state, depending upon the information provided. You should take care while filling out the ‘home county’ or the ‘home state’.
When you have filed the petition for the custody in the court, with or without an attorney or filing fee, you can then ask for support. The time period in which your petition will be heard is within several weeks, all the concerned parties will contest the custody case in the court. It is also necessary for both the parents to attend a four-hour duration parenting education class. At the first hearing, the judge can order a temporary custody, along with a visitation order. The judge also has the right to enter an order, concerning the parenting class. Just in case, if you refuse to attend the parenting child, then you may most likely lose the custody of the child. The court can also set another hearing date in the coming months.
The judge also has the authority to appoint an attorney for the child, to represent him. The judge may even contact and order the Department of Social Service to do some home check and report on the conditions and home surroundings of both the parents. The conditions are well judged in this scenario. A special advocate can also be involved to do some more background investigation.
Deciding Upon Who Gets the Custody
There are a number of conditions and factors, which are thoroughly looked and investigated upon to determine the best interests of the child. The most important ones are:
- The age of the child, the mental condition and the relationship with each parent
- The age of both the parents and their mental stability
- Determining the best interests and needs of the child
- The willingness expressed by each parent to actively support contact with the other parent
- The willingness expressed by each parent to keep a close relationship with their child
- The willingness expressed by each parent to actively cooperate to resolve disputes, in the interest of the child
- Investigating any history or circumstance regarding abuse done by any of the parents.
These are certain aspects that are considered extremely important for the child custody. These aspects can easily determine the custody of the child, based on one or more factors.