Virginia Child Custody Attorney
Licensed in Virginia to practice Child Custody Law

Virginia "Best Interest of the Child"

In many cases in Virginia, there are no clear cut answers in determining which parent clearly "outranks" another in fulfilling these custodial factors. Each parent may be equally (or nearly) qualified in providing for the child's welfare and well being.

In Virginia divorce and Virginia child custody cases like these, the courts focus on which parent will provide the child with the more stable environment, including maintaining a healthy relationship with the other parent. When a child is young, special attention is given to the parent who has been the child's primary caregiver. However, with older children, the parent who is best able to provide continuity in education, neighborhood life, religious institutions, and peer relationships may be awarded primary custody.

Also, the judge in Virginia child custody cases will place great weight upon the fact if the children will be remaining in the home where they were raised and lived as a family, if they will be continuing in the same school, participate in their usual activities and generally enjoy their regular routines. A judge will be adverse to changing these normal physical locations, conditions and schedules.

Another factor that comes into play with Virginia child custody cases is when one parent moves out of the house, leaving the child or children with the remaining spouse. This can adversely affect the chances of the distant parent gaining custody - even if they left in order to avoid highly unpleasant or even dangerous situations.

If the situation is so volatile, then seriously consider taking the children with you. If you don't, the court may properly assume you considered the options and believed the remaining spouse was a competent caregiver - regardless of the situation between the two parents. If you do leave with the children, file as quickly as possible in family court for temporary child custody and child support. Speed is of the essence, because if you don't act first, the other spouse may go to court first and allege that the kids were taken without that spouses knowledge.

Family law judges don't look very highly on a parent who removes the children from the home without seeking legal recognition. A judge may order the children be returned to the family home, pending future proceedings to determine physical custody.