DADI Blog

Virginia Child Custody

Posted by admin on April 27th, 2006

Virginia child custody laws are determined by what would be in the best interest of the children, as it is in many states throughout the United States. Understanding and deciding what is in the best interest of all children involved in child custody cases can be different in many ways and if the parents can not agree and set forth a parenting plan for joint custody of their children it is usually up to the court and judges to decide what is best for your children. This is a very heavy burden so many states have set up guidelines or factors for the court to consider when deciding on child custody.

In Virginia the court will consider the following:

* The age of the children in the child custody case.

* The physical and mental condition of the children and the consideration of the children’s changing developmental needs.

* The age of both parents.

* The physical and mental health of both parents.

* The relationship the children have with each parent.

* The ability of both parents to meet the emotional, intellectual and physical needs of their children.

* The needs of the children.

* The relationship the children have with their siblings, extended family members or others living in the home.

* The role that each parent has played in the rearing of the children and the role that will play in the future.

* If both parents will encourage and allow a continuing relationship with the other parent.

* The capability of each parent to cooperate and make important decisions regarding their children.

* The wishes of the children if the children are of sufficient age and if the court deems the children to be of reasonable intelligence.

* Domestic abuse.

* Any other information or factors that can aid in deciding which parent is better suited for custody of the their children with the children’s best interest in mind.
Joint custody is normally preferred if both parents can agree and are willing to work together to provide the best for their children. This may include divorce classes, mediators, or even parenting classes to aid the parents in learning to communicate well with one another for the best interest of their children. Joint custody can be very hard on some parents and these feelings must be worked through in order to maintain a loving and continued relationship for both parents and their children.

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