Child Custody in Virginia: What the Courts Consider
When former spouses or partners end their relationship, they sometimes disagree as to where the children should live and who should make decisions for the children. There are different types of custody as well as numerous factors that a judge will consider when deciding to whom to award custody. This article will discuss the different types of custody as well as the factors that a judge should consider when deciding custody.
Legal Custody
Legal custody means making decisions on the child’s behalf such as where the child will attend school, what medical treatment the child can receive, whether the child can change his or her name, etc.. In most cases, legal custody is shared between the parents. However, there are some instances when one parent has sole legal custody.
Sole Custody
In these cases, one parent is responsible for the care and control of the child and has the primary authority to make decisions concerning the child. For instance, if one parent is uninvolved or unavailable due to disability or incarceration, a judge could award one parent sole legal custody. If one parent has sole legal custody, that parent has sole decision making authority regarding education, health care, whether the child can obtain a passport and other major decisions.
Physical Custody
Physical custody is where the child resides. 30 years ago, the mother would often have physical custody of the child, and the father would be entitled to visitation with the children every other weekend. However, in the 21st century, fathers have as much of a right to physical custody as mothers do. Additionally, both parents can share physical custody. For instance, the children could live with dad for two weeks out of the month and live with mom for the other two weeks. Attorneys and mental health professionals have advocated for a change in Virginia’s laws to ensure that a child’s time with both parents is maximized.
Best Interests of the Child
When awarding custody, a judge should give primary consideration to what is in the child’s best interest. The court can award joint legal custody, sole legal custody, joint physical custody or sole custody. The law does not favor either parent.
What Does the Judge Consider?
When determining what is in a child’s best interest for determining custody, the judge must consider:
The age, physical and mental condition of the child
The age and physical and mental condition of each parent
The relationship between the child and each parent
The needs of the child giving consideration to other relationships that the child has
The role that each parent has played in the child’s life in the past and the role that each parent will play in the future
A parent’s tendency to encourage the child to maintain a relationship with the other parent
A parent’s desire and ability to maintain a close relationship with the child
The child’s preference if the court determines that the child is old enough and has a sufficient understanding and intelligence to express a preference
Any history of family abuse
Other factors that the court deems necessary to make a decision
Custody cases are complex, and much is at stake. Clay Law is available to represent moms and dads in custody cases in the Greater Richmond area including the Tri-Cities and Prince George County.
