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In order to file for custody, you must first file a petition for custody with the Court Services Unit in the Juvenile and Domestic Relations Court of your county. A general outline of a petition may be found here, but you must include in the petition facts that will factor into the judge's decision.

The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

In order for a parent to get full custody of a child in Virginia if there isn't already a court order in place, then the parent seeking custody has to first petition the court services unit of the Juvenile and Domestic Relations Court for custody, which consists of just filing basic information such as putting where

Virginia law requires a judge to assure regular and frequent contact of the child with both parents. Virginia law doesn't assume shared physical custody of a child is favored. However, more and more often judges are granting shared physical custody, as well as joint legal custody.

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.

Once you have established legal paternity you are then able to seek legal custody, physical custody, and/or visitation with your child. Under Virginia law, neither parent is automatically entitled to more custodial time than the other. The court is only concerned with what is in the child's best interest.

Once paternity is established, Virginia has no presumption of child custody in favor of either the mother or father if the parents are unmarried. The parents must petition the court for legal and physical custody of the child.

Virginia Affidavit regarding Custody

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FAQ

How do I file a petition for custody in Virginia?

What makes a parent unfit in Virginia?

How do I file for full custody in VA?

Who has custody of a child in Virginia?

What are the child custody laws in Virginia?

Who has custody of a child if there is no court order in Virginia?

What are a fathers rights in Virginia?

Who has custody of a child when the parents are not married in Virginia?

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