This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
Virginia USLegal Guide to Temporary Custody
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US-GDE-05
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An order for pendente lite relief, which is available pursuant to Virginia Code Sections 20-124.2 and 20-103, solves the problem. Such an order will provide a temporary custody and visitation arrangement until a final decision on custody is made by the court at trial or by agreement of the parties.
Virginia judges decide on child custody cases based on the child's best interest. That involves multiple factors, including each parent's relationship with their child, the child's age, and whether a history of family abuse exists.
Allows a parent or guardian to delegate temporary custody of a minor child for 180 days by signing and having notarized a power of attorney.
Unless the situation involves serious emotional, physical or sexual abuse, then most likely both parents will have equal (or close to equal) rights. In many cases, the more the parents fight, the more likely that they will be awarded shared custody.
Some required forms are available online, including the: Cover Sheet for Filing Civil Actions. Information Considered in Child Custody/Visitation Proceedings. Uniform Child Custody Jurisdiction and Enforcement Act Affidavit.
One court in Virginia has said that a 7-year-old child is too young to have a reasonable preference, though courts in Virginia will take a case-by-case approach to determine if children under the age of 12 have the intelligence and understanding to voice a reasonable preference.
Kinds of Child Custody Agreements in Virginia Sole, joint, and shared physical custody are the most common. There is also the option of legal custody. Another sort of legal child custody agreement is grandparent and visiting custody.
Some required forms are available online, including the: Cover Sheet for Filing Civil Actions. Information Considered in Child Custody/Visitation Proceedings. Uniform Child Custody Jurisdiction and Enforcement Act Affidavit.