While getting through the divorce, the court decided the custody of the children in accordance with the federal and state laws. The custody law of Virginia decides upon the right of each parent over their child after the divorce along with other important decisions involving the child’s future. The court decides how the parents will exercise their legal and physical rights over their child in order to minimize the negative impact of the divorce and separation. Once the Custody of the child is decided, the Virginia court even looks into the child support system and visitation rights of the non-custodial parent
The need for child custody law arises as soon as a couple plans on getting a divorce. Therefore, the court decides a legal structure, through which, the child could maintain a healthy relationship with both of his/her parents. It is ideal for a couple to mutually decide how to maintain their healthy relationship with the child as a parent. However, if they are not able to work out on mutual terms, the Child custody laws help such couples to determine the best for the child.
The court has a huge responsibility of deciding the best child decision which would ensure a healthy childcare until the child is independent. The ideal situation for the court is when the child is allowed to maintain a healthy relationship with both of his parent while fulfilling all of his emotional, financial, physical and day-to-day needs. This decision of the court, leaves the responsibility of the child on both of the parents.
The parents who are allotted the legal custody of the child are expected to share multiple important responsibilities. These responsibilities of decision making include:
- Schooling of the child
- Taking care of the religious and moral activities of the child
- Fulfilling the psychological needs of the child, including therapies and counseling (if required)
- Taking care of the medical needs of the child to ensure his/her physical health
- Indulging the child in extracurricular actives to enhance healthy lifestyle
- Providing a shelter to the child (Home)
Each type of custody gives the parent different set of responsibilities and right over their children. The custodies are divided into five different types, including:
- Sole Custody
- Divided Custody
- Shared custody
- Joint custody
- Split Custody
Therefore, a couple who is given shared custody of the child, has joint responsibility to take the important decisions for the child.
The Visitation rights in Virginia
Once the court has decided upon the type of custody allotted to one or both parents of the child, the court looks into taking other important decisions related to financial support of the child and visitation rights for the non-custodial parent. The Virginia child custody law allots visitation rights to the non-custodial parent and grandparents, to ensure a healthy relationship of the child with others. The visitation right allows the non-custodial parent to spend time with their child.
Types of visitation rights in Virginia
Although visitation rights differ from case to case and the willingness of the child, but generally visitation can be of 4 types:
- Scheduled Visitation
- Reasonable Visitation:
- Supervised visitation
- No visitation: This means that the other partner does not have legal rights of visitations