Both parents play a vital role in the lives of their children. After the child is born, it is the role of both parents to fully support their children mentally, socially, and physically. It helps them become functional adults in the future.
Since care is essential for a child, some states like Virginia are helping protect the rights of these children to get the support they need during their development. If there are any issuesthat arise in the family, such problems will be solved in the Virginia family court system.
Many caretakers consider children among the precious asset they have, and after parents separate, that is where the battle begins. It is painful for men after they separate from their spouse, but more agonizing after they separate with their children. Generally, the presumption has been there that mothers automatically get the guardianship role for the minor.
Fortunately, times have changed and fathers are now awarded the primary physical guardianship. In Virginia, the courts are not bias on gender but a case will be determined by various factors to ensure the favor goes to the juvenile’s best interests.
How A Child Custody Will Be Determined
- Age and overall health of a child
● Age and overall health of parents
● Developmental needs for a minor
● The relationship between a parent and the minor
● Parent’s knowledge regarding physical and emotional needs
● Parents future concern in caring for the minor
● Parent’s willingness to support and maintain a good relationship with a child
● The child’s parent preference, but only if mature
● Parent’s history of sexual abuse
Types of Child Custody In Virginia
● Joint Legal Custody – it means both parents have legal care for the minor.
● Sole Legal Custody – it means only one parent will get the legal care of the child.
● Physical Custody – this includes the supervision and caring of the child daily.
● Primary Physical Custody – it means one parent will get physical custody unless the other partner uses visitation rights.
The Rights to Fathers Visitation and Child Custody In Virginia
The family court in Virginia will decide the child’s paternity. So, if you’re a father and want to get custody of your child, you need a Child Custody Lawyer Chesapeake. Before the court can decide child custody, it will be guided by the child’s best interests instead of considering the parents’ or child’s desires. However, the best interest of the child is to have both parents’ care and support. So, the judge will work to establish a fair joint child custody agreement. There are cases where this joint custody arrangement can’t be possible. If you’re in such a case, the judge will name a primary custodian of your child. That depends on the parent who has the most time for the child. When the judge is evaluating both parents, no favor is made based on gender. It means the father has an equal right to get primary custody. If the father will be named as the primary custodian, the father also has the right to petition in the court for the child’s support.
Child support refers to a financial payment that will be made by a non-custodian parent to the custodian parent. The payment will help in covering the costs needed to raise the child and may include food, clothing, shelter, medical care, education among other vital expenses.
If the mother will not pay as the court orders them for child support, the father can work with the court to enforce the child support payments. However, the father should seek help from DCSE in the state of Virginia.
The bottom line is that if the father is seeking the guardianship rights of the child, he must know the child’s friends, doctors, and names of teachers. Nevertheless, a guardian who is addicted to alcohol or drugs may not be awarded the custody of the child. Remember, if you want to get your child’s custody, you should follow court etiquette such as maintaining respectability and sticking to proper dress code during the hearing as well.
