Ask the General Counsel: How do courts decide baby custody and visitation rights? | Business

In this issue of Ask General Counsel, published by the law firm of General Counsel, PC, with offices in McLean, Virginia, we discuss the factors a court considers when making child custody and visiting decisions. For more information on divorce and family law matters, visit our family law practice.

When making custody or visitation decisions, the courts will decide what is in the best interests of the child based on several factors identified in the Virginia Code. Virginia law favors custody and visitation arrangements that allow both parents to be involved in their children’s lives.

care

There are two types of child custody in Virginia: statutory custody and physical custody. Custody refers to where a child spends most of their time. Legal custody refers to the right to make important health, educational, and welfare decisions about a child.

Virginia law allows “persons with a legitimate interest” to apply for custody and visitation. This means that in addition to parents, grandparents, stepparents, former stepparents and other blood relatives and family members can also apply for custody and visitation rights.

visiting rights

Visiting time is the time a non-custodial parent is entitled to with a child. Virginia law favors visitation arrangements that allow both parents to participate in their children’s lives. The visit may or may not be monitored.

Factors Considered

When making custody or visitation decisions, the courts decide what is in the best interests of the child. The Virginia Code lists several factors that courts must consider when deciding what is in the best interests of the child, including:

• The age and the physical and mental condition of the child
• The age and physical and mental condition of each parent
• The relationship that exists between each parent and each child, with due regard for the child’s positive involvement in life and the ability to accurately assess and meet the child’s emotional, intellectual, and physical needs
• The needs of the child with due regard to other important relationships of the child, including but not limited to siblings, peers and extended family members
• The role each parent has played and will play in the upbringing and care of the child
• The propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child
• the relative willingness and demonstrated ability of each parent to maintain a close and enduring relationship with the child; and each parent’s ability to cooperate and resolve disputes on matters affecting the child
• The child’s reasonable preference where the court considers the child to be sufficiently intelligent, understanding, old and experienced to express such a preference
• Any history of abuse or an act of violence, violence or threats in the last 10 years.

The court may also consider other factors that the court deems “necessary and reasonable” in making a decision. However, Virginia law expressly states that there is no presumption in favor of either parent.

Custody and visitation issues can be complex and highly contentious. Therefore, it is important to have a strong advocate. Joanna Foard leads our family law practice and can help you navigate the process and protect your rights. For more information or to schedule a consultation email us at injection@gcpc.com or use this contact form.