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Child Custody
When there are children born of the marriage, child custody issues are certainly a priority to all involved, to include the Court, which will judge in accordance with the law in what is "in the best interest of the child," or children, born of the marriage. The Court will consider the following factors when evaluating what is in the best interest of the child:
(1) the age and physical/mental condition of the child;
(2) the age and physical/mental condition of each parent;
(3) the relationship between each parent and child;
(4) the child's needs;
(5) what involvement each parent has had and will have
in the care and upbringing of the child;
(6) how supportive is each parent to allowing the child
contact with the other parent;
(7) the willingness and ability of each parent to maintain a close
and continuing relationship with the child;
(8) if the child is of sufficient age, intelligence and experience to express
a preference, the Court will inquire as to what the child prefers;
(9) whether there has been any history of family abuse;
(10) any other factors or concerns the Court deems relevant to the
case at issue.
In particularly contentious or problematic cases, a Guardian Ad Litem may be appointed by the Court in behalf of the child, whose purpose will be to represent the child and seek to promote what is in the child's best interest before the Court.
In Virginia, in regard to child custody issues, there is the matter of "legal custody," and the matter of "physical custody." Legal custody concerns a parental right to participate in decisions made regarding the care and control of a child or children, with the authority to participate in making all decisions concerning raising that child. Whereas physical custody concerns the matter of which parent will have physical or custodial care of the child.
When joint legal custody is granted by the Court, both parents retain joint responsibility for making decisions regarding the care and control of the child, even though the child's primary residence may be with only one parent, with visitation rights afforded to the other.
When joint physical custody is granted by the Court, both parents share in the physical and custodial care of the child.
When considering arrangements involving joint legal and joint physical custody, the Court strongly considers whether or not the parents can work cooperatively together in raising the child or children. Some Courts will be reluctant to grant joint custody arrangements if the Court has concerns over whether the parents can work cooperatively with each other. Again, the Court will always have "the best interest of the child" in mind when making its rulings.
Notice of Disclaimer: The content herein is meant only to provide a brief introduction and limited overview of the law concerning divorce in Virginia, and it may or may not reflect the most current legal developments. The information contained herein is not meant to provide legal advice or counsel and it should not be used as such, nor is it intended to create an attorney-client relationship with the reader. The circumstances involved in your case are unique and may involve many complex and intricate legal issues. You are advised to seek consultation with an attorney of your choice for a complete assessment of your particular situation.
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