In the state of Virginia, when a couple decides to file for divorce, there are two different types of filings. There’s an at-fault filing, which occurs when one party has found the other incapable of abiding by the typical standards of a constructive marriage, and there are no-fault marriages, where both parties agree that the marriage has been broken irreparably. In any case, when a filing for divorce occurs between two people, whether it’s an at-fault or no-fault filing, the court must consult the Virginia child custody laws in order to determine which parent, if only one, will retain custody of any minor child or children of both parties in the divorce.
How the Virginia Court Establishes Custody
Any divorce court in the state of Virginia will first order that the parties involved in the divorce filing make every possible attempt to discuss and enter a mutual agreement when it comes to the parental custody of minor children. In many cases, however, an agreement of this nature simply cannot be reached between two people in a divorce, due to the emotional duress put upon both parties in the filing. In these circumstances, the court will intervene and enter its own order regarding the custody of the minor child or children. In these cases, the court will use the following considerations to enter its custody order:
- Any mental or physical limitations of both the children and the parents, along with the age of both the parents and the children.
- The existing relationship between each parent and each child.
- The economical, physical, and emotional needs of the child or children.
- The existing role that each party in the divorce has taken during the marriage in relation to the child’s upbringing.
- Both the ability and the willingness of each party to allow as routine as possible a means of communication with or visitation with the non-custodial parent, especially in cases where visitation or access to the children has ever been denied by one of the parents.
- Whether or not either of the parents displays an unwillingness to cooperate with any order given by the court, or if either parent conveys a lack of desire to maintain a healthy amount of communication with the children.
After taking all of these things into consideration, the court will also consider any history of abusive behavior of any kind, and the expressed interest of the children, provided they are of an age where they are considered to have sufficient reasoning powers. It is at this point that the court will determine the best interest of the child and enter its custody order.
Getting Help
If you are facing a custody fight in Virginia, or if you need any help during the course of your divorce, you should consult with a qualified attorney. A Virginia divorce lawyer can assist you in understanding all laws relevant to the divorce and can help to ensure you are treated fairly throughout the entire divorce process.
