If you live in Virginia and have experienced a divorce involving children, then it’s important to understand what is necessary to determine child custody in Virginia. Tragically, children are the ones who get caught in the middle of argumentative divorce as both the parents file case for custody. One of the frequent problematic situation arises when a couple decide to part ways and in the first place vie for child custody or visitation rights. In separation case, the Virginian state takes these issues very seriously, and make possible decisions that fit best to child’s interest in terms of paramount living arrangements.
Establishing Child Custody
In order to file a child custody, there is a legal need to pursue a custody hearing. In hearing, courts in Virginia are free to decide which parent or adult or state agency will care for the child. But, ultimately, the final decision is required to take under the Virginia Law; determining what is best interest for child while resolving the custody determination. In Virginia Statutory Law, there are several attributes enumerated that a court shall consider.
To understand what is necessary to determine child custody in Virginia also depends on fulfilling the best interests of the child. According to the Virginia Court, it is imperative to note down factors involved in determining a child’s best interests. It include;
- The age, mental, and physical well-being or condition of each parent.
- The age, mental, and physical well-being of the child.
- The contribution and role of each parent in child’s upbringing, nurturing, and schooling.
- History of family harassment or abuse.
- The willingness and propensity of each parent to foster a close relationship between the child and other parent.
- The needs and requirements of child that includes relationship with siblings, parents and other members of extended family.
- The expressed preferences of the child, as long a child is of appropriate age and possesses intelligence for showing personal opinion.
- The ability of each parent for maintaining a cordial relationship with a child and cooperate with each other in order to resolve issues influencing both physical and emotional well-being of child.
- In addition, the courts in Virginia are free for considering all other factors that seem necessary to make effective, authentic, and reliable decision.
Modification in Virginia Child Custody Orders
To understand what is necessary to determine child custody in Virginia also governed by the modification required in custody orders. Once a child custody order is placed, it is also possible that some of the factors or circumstances may change for either parent. Thus, it necessitate alteration in the child custody arrangement.
Generally, Virginian courts apply a two-pronged test while determining whether to change or modify a child custody decree. Though, decision is made on two major principle; (a) Is there any changes occur in circumstances; and (b) Is the modification occurs in the best interests of the child? Accordingly, if you are involved in any dispute related to child custody and wish to modify a current decree on child custody, it is suitable to communicate with law attorney and learn more about rights on what is necessary to determine child custody in Virginia.