Having children is one of life’s most joyful experiences for countless people in the US today. As a parent, however, you might worry that something may happen one day that leads to your children being taken away from you. This fear can become a reality if the other parent is fighting for custody. Virginia law requires courts to make custody determinations based on a child’s best interests. This involves determining who, in the court’s view, is best able to care for the child. If you are involved in a child custody dispute, you need a family law attorney who can fight for your rights as a parent. The legal team at Melone Hatley can guide you through the legal process and break down the factors that may affect the court’s decision. Help is available to you, so please do not go it alone. We have offices serving both Virginia and North Carolina families.
What “Best Interest of the Child” Means in Virginia
Virginia courts use the best interests of the child standard to determine custody and visitation of minor children. This means judges and mediators consider how parenting plans may affect children and try to make decisions and orders that ensure the child’s life will change as little as possible during and after the divorce. The ultimate goal is to ensure that children will have a meaningful relationship with both parents, if possible.
The concept of the best interest of the child can be difficult to understand. So let’s start with a good definition. In the context of child custody cases, focusing on the child’s “best interests” means that all custody and visitation discussions and decisions are made with the ultimate goal of promoting and encouraging the child’s happiness, security, mental health, and emotional development into adulthood.
At its core, the best interest of a child should be determined by focusing on meeting the child’s, not the parents’, fundamental needs, as well as encouraging opportunities for his or her development. Of course, the needs and best interests of each child are unique. The child’s health, education, family, interests, and wishes should be taken into consideration.
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As Defined in the Context of Family Law
It is much easier to pin down the meaning of the best interests of a child in regards to family law. This concept most often comes into play when planning living arrangements for a child during a divorce or child custody case. The objective of such arrangements should be not only to meet the physical and emotional needs of the child but also to support the child’s sense of security and well-being.
As you might imagine, this often means providing the child with opportunities to develop relationships with both of his or her parents and as many immediate relatives as possible (grandparents, aunts, uncles, cousins, etc.). However, the court will also consider if maintaining a relationship with either parent has the potential to have a negative impact on the child’s development.
How the Virginia Courts Determines the Best Interest of a Child
Virginia gives primary consideration to the best interest of the child when planning living arrangements. The following factors are of particular importance:
- The safety, security, and health of the child in the home of either parent
- The current caregiver of the child and the amount of time the child has lived with him or her
- Any possible negative effects on the child’s development and well-being if removed from their current residence
- The child’s level of attachment to parents, siblings, and other family members
Keep in mind that every judge will give different levels of consideration to factors regarding the best interest of a child. The list we reference below is not a complete one but rather a set of guidelines.
- The physical and emotional health of both parents
- The mental condition of each parent
- The child’s age and level of development
- Any unique physical, emotional, mental, or other special needs of the child
- The child’s current living situation
- Proximity of immediate family members and extended family members
- Parental discipline methods
- History of family abuse, child abuse, sexual abuse, or domestic violence
- History of abandonment
- Any drug or alcohol addictions on the part of either parent
- Reasonable preference of the child (this may be dependent on his or her age)
- Home environment
- The current residence of siblings
- Any need on the part of the child to adjust to a new school, community, or living arrangement
- The parent’s ability to provide for the physical needs of the child
Remember, the Virginia court system prefers to keep both parents involved in the child’s life whenever possible. Parental involvement is generally only limited or denied when one parent has been determined to be a threat to the child’s safety and well-being.
As mentioned above, there is a high level of subjectivity in determining the best interest of a child. If you’re involved in a child custody case, it’s extremely important to work with an experienced and knowledgeable Virginia child custody attorney. The results of your child custody case may be largely dependent on the skill of your legal team. The well-being of your child is certainly not a matter to be left up to chance.
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What Will a Virginia Court Not Consider When Deciding Best Interest?
A Virginia court will consider many factors relating to both the child and the parents in a child custody case, but the best interest of the child will always be the most important factor. The court will not consider the parents’ needs, conveniences, or schedules, except as far as they impact the child. The expectation in any parent-child relationship before the court, as stated in the Code of Virginia, is that the child’s needs will always come first.
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When are Custody and Visitation Hearings Held?
Courts encourage parents involved in child custody cases to make every effort to work out a settlement with the help of their lawyers. A hearing in a Juvenile and Domestic Relations District Court becomes necessary in situations like the following:
- The parents cannot agree on issues like custody, visitation arrangements, or child support;
- One or both parents are unable to provide for the child’s needs; or
- Someone believes that a parent poses a danger to the physical or mental condition of the child.
Each parent will have an opportunity to present evidence and witnesses to support their claims and to challenge the other parent’s evidence. The court will then make a decision and issue a custody order.
If a child’s safety or well-being might be at issue, a judge can issue a court order appointing an attorney to represent the child’s interests, known as a guardian ad litem. This person’s role is not to offer legal advice to the child. Instead, they investigate the child’s circumstances, important relationships, and needs and report to the court about what they believe will be in the child’s best interests.
What Types of Custody Can the Court Grant?
Virginia courts can grant two different types of custody rights to parents: physical custody and legal custody. A judge may award joint custody to both parents, sole custody to one parent, or a combination like joint legal and sole physical custody. In a joint custody arrangement, both parents have rights, and they must consult with one another on significant decisions.
Physical Custody
Physical custody refers to the right to determine where a child will primarily reside.
Legal Custody
Legal custody refers to the right to make decisions for the child affecting issues like their health, education, general welfare, and religious upbringing.
We Can Help You Protect Your Child
Melone Hatley, P.C. is a boutique family law firm with several locations throughout Virginia and North Carolina. Our practice areas include family law, divorce and special needs children, and trust and estate law. Our philosophy is to provide all of our clients with the highest quality legal representation, innovative legal solutions, and unsurpassed dedication to customer service. Through our high standards, we strive to be a trusted resource to our clients.
We know from experience that a successful attorney-client relationship depends on our ability to understand your needs and objectives. For more information about custody and visitation, contact our office today at 800-479-8124 or reach us through our contact page.
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