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Custody of the parties' children will be decided by the court based on what is in the best interests of the children. If the parties agree to a custody arrangement, the court must still make its own determination as to whether the arrangement is appropriate and in the best interests of the children.
Virginia law gives no preference to either the mother or the father. Virginia law requires a judge to assure regular and frequent contact of the child with both parents.However, more and more often judges are granting shared physical custody, as well as joint legal custody.
Custody of the parties' children will be decided by the court based on what is in the best interests of the children. If the parties agree to a custody arrangement, the court must still make its own determination as to whether the arrangement is appropriate and in the best interests of the children.
Sole legal custody (also called sole parental responsibility) is when one parent has full responsibility to make major decisions for the child. The other parent doesn't have a say, but often has visitation rights and the responsibility to pay child support.
Reasons a Judge Will Award a Child Custody Modification Child is in danger (physical, emotional, sexual, or psychological abuse) One or both parents' situations have changed.Child's preference (the child wants to live with or spend more time with the non-custodial parent) One parent needs to relocate.
Drug or alcohol abuse. Physical abuse or neglect. Mental health issues. Money issues. Stability of the home.
Judges must decide custody based on the best interests of the child." The best interests of the child law requires courts to focus on the child's needs and not the parent's needs. The law requires courts to give custody to the parent who can meet the child's needs best .
The clearest reason to ask for sole custody is to protect your child from physical harm, especially if the other parent has a history of any of the following issues: ABUSE: If a parent has assaulted or sexually abused the other parent or any child, this presents an obvious danger to their child.
In many states, when there are unmarried parents, the default position of the court is to give custody to the mother unless the father takes action to gain custody. In Virginia, once paternity is established, the courts do not favor one parent over the other. Instead, they look at the best interest of the child.