Making sure your child is taken care of and has their needs met is important to every caretaker. However, sometimes a spouse needs to petition the court for custody of their children–this process takes time and has several court-approved steps that must be undertaken.
Let’s examine what goes into filing for custody of a child in the State of Virginia as well as why it’s a good idea to have a qualified Virginia Beach Child Custody Lawyer on your side as you navigate this process. We’ll also take a brief look at what a family court judge wants to hear when deciding custody cases.
When Can I File for Custody?
A person may file with the court for custody of their child at any time. However, there are two primary routes for filing custody:
Filing for Custody as Part of a Divorce
Divorce proceedings are one of the most common times to file for custody if a spouse is divorcing the parent of their child. As the court will already be examining the financial status and living conditions of the divorcing parties, this can be an opportune time to determine who will have custody of the child after the divorce is completed. Divorce custody proceedings are completed in the Virginia Circuit Court.
Filing for Custody Outside of Marriage
If you and the other parent of your child are not currently or were never married, it is necessary to file for custody in the Juvenile and Domestic Relations District Court in your jurisdiction. Typically, custody filings outside of marriage are related to a dispute of some kind–perhaps one parent is moving away and wants to take the child with them, or one parent feels that the child is no longer safe in the custody of the other parent.
How to File for Custody in the State of Virginia
As previously mentioned, if a spouse is seeking custody of a child as part of a divorce proceeding, both the divorce documents and the custody documents may be submitted to the circuit court concurrently.
If the custody request is outside of marriage and needs to be filed with the Juvenile and Domestic Relations District Court, several forms must be filled out regarding the relationship of the child to both parents, as well as the financial and living situations of both parents. If the child is old enough to understand the situation to some degree, the child may also be asked about his or her wishes and the court will take their input into consideration when deciding what action is in the best interests of the child.
Regardless of the custody request being filed outside of marriage or as part of the divorce proceedings, it is critical to have a qualified attorney on your side. They can guide you through the process step by step and help you gather as much evidence as is needed to ensure your case is decided favorably.
What Does the Court Want to Hear?
At the end of the day, the court will decide what is in the best interests of the child by examining several factors. Is the child safer in one home over the other? What is the financial situation of each parent? Which parent can provide a more loving environment?
Finances aren’t everything–if a parent makes $100,000 a year but is seldom home to care for the child, the court may decide that the parent who makes less but is home more often is the better choice for custody.
Alternatively, the court may suggest joint custody if they believe the child’s quality of life will improve if the parents’ resources are combined. Whenever possible, the court will attempt to compel both parties to stay within a reasonable distance if they wish to have joint custody of a child, and typically considers it a burden if the parents live more than one hour apart.