Filing for custody is a complex process, and it is imperative that you seek the advice of the best family lawyers in Virginia to navigate the system. There are many steps involved, and the court will examine almost every aspect of a person’s life to determine which parent will have custody of the child or if the custody can be shared between parents.
How to file for custody is complex, but the goal of a custody trial is simple—to determine what is in the best interests of the child. Let’s examine some of the common aspects a judge is likely to examine when it comes to custody hearings, as well as what would be favorable circumstances in regards to each of these criteria.
How and When Is Custody Decided?
Filing for custody is divided into two categories—a filing as part of divorce proceedings, and a filing between an unmarried couple.
The divorce proceeding path is the more convenient of the two categories–if the divorcing couple has a child, the court can decide custody of the child based on who can best serve the child’s needs as part of the divorce mediation process. It may also determine that parents will share joint custody of the child if that option is found to be in the child’s best interests and is feasible based on the location of both parents’ homes.
An unmarried custody filing is more complicated, as papers must be filed with the Juvenile and Domestic Relations District Court in your area rather than with a circuit court that handles divorce proceedings. Much like a divorce custody filing, an unmarried filing can also be completed through a mediation hearing without ever having to reach a trial, provided all parties agree to what happens at the mediation hearing and a judge agrees to what the parties have proposed.
What if Custody Cannot Be Mediated?
If custody cannot be mediated and agreed upon between the two parties or if one parent contests the custody agreement, a custody trial will have to take place.
A custody trial can be very challenging, and it is always recommended that custody is worked out during mediation between two parents. However, if the trial is deemed necessary, the process will take some time. You can expect the following things to be examined during a trial.
- How much time does each parent spend with the child?
- How strong is the relationship between the child and each parent?
- What is the employment and income status of both parents?
- Do both parents intend on living nearby so that joint custody is a possibility?
- Which parent lives closer to the child’s school?
In cases where the child’s safety with one parent is questioned, the court will demand evidence, which may include the following:
- Evidence of abuse or neglect including photos or police or medical record
- Statements from witnesses including other family members and/or the child themselves
- Texts, emails, or voicemails that demonstrate threatening or unsafe behavior
- Evidence of one parent’s addiction to drugs or alcohol that may affect their ability to raise a child in a safe environment
What Is the Judge Looking For?
By examining the above evidence, a judge will attempt to make a determination as to what is in the best interests of the child. If the child is of an age where they understand what is happening, the child may be asked about their wishes and who they would prefer to live with or if they would prefer joint custody. The court will make every effort to consider the child’s wishes in these instances, so long as the safety of the child is not in jeopardy.
The judge will favor parents who have a stable place of residence as well as a stable job history. While income is not the only deciding factor in a child’s wellbeing, it is certainly part of the equation. Many parents believe simply because one spouse makes more money that they should be the one to get custody, but this is not always the case. For example, if a parent makes $100,000 annually but takes frequent trips for work, that parent may be considered to be less deserving of custody than a parent who makes less money but can be more present in the child’s life. Whether your case is mediated without ever going to trial or a custody trial is necessary, a qualified attorney can assist you in gathering evidence and documentation as well as in ensuring all of your filings are completed in a timely manner–this will help to make your case as favorable as possible in the eyes of the State of Virginia.