That is, under the Virginia Code, joint custody. When there is no court order, both parents have equal rights over the child or children. There is no father more valuable than the other in the eyes of the law. Both mother and father have equal rights to spend as much time as they want with the child.
Even when responsibilities are divided between husband and wife, no parent has more right to the child than the other. A parent can have sole custody of a child or share joint custody between both parents. With sole legal custody, a person retains responsibility for the care and control of a child and has primary authority to make decisions related to the child. Sole physical custody means that the child resides with the custodial parent.
Non-custodial parent may have visitation rights. Joint legal custody means that both parents retain joint responsibility for the care and control of the child and joint authority to make decisions related to the child. Joint physical custody means that both parents share physical custody of the child, although they do not necessarily share it equally. If parents get along well and have decent communication skills, judges generally grant them joint legal custody.
Joint legal custody means that both parents have the right to participate in decision-making for their child, regardless of where the child lives. For example, the judge can grant sole physical custody to one parent, but joint legal custody to both parents. When parents share legal custody, neither parent can make important decisions for the child without first consulting the other. If you can't agree on an issue, you'll need the court to decide for you.
In general, both parents have the right to seek sole or joint custody from the court. However, if the parents are not married, the father must first establish paternity before seeking legal custody of his child, 1.A parent who does not have primary physical custody of a child has a legal right to have visitation with that child. There are exceptions to this when it is not in the best interests of the child. The court can choose any combination of joint legal and physical custody that is in the best interests of the child.
In almost all interstate custody cases, the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) will dictate which state has jurisdiction to resolve any custody or visitation issues between the parties. Virginia Code § 20-108 allows for modification of a custody or visitation order when (there has been a substantial change in circumstances) and (it is in the best interest of the children) to modify custody or visitation. Custody can be placed on a person other than the parent only if there is clear and convincing evidence that it is necessary for the best interests of the child. In a joint custody agreement, both parents take responsibility for the child's physical, emotional, and moral development, and parents share the rights and responsibilities of making decisions that affect the child.
Denial of visitation by a custodial parent can also result in the court transferring custody to the other parent. The status of child custody, when a child's parents separate, is not resolved until a court enters a child custody order. Usually, that means the parent and child will spend time together in a court-approved location with a court-approved, trained third party who will closely monitor the parent and child. While in Virginia, there is no presumption in favor of the mother in determining custody or visitation, the court will consider the current circumstances of the custody and who is the primary caregiver when making a permanent decision.
The parent must obtain a court order in order to seek custody or receive visitation with a child. Legal custody is the right of parents to make decisions regarding the welfare of the child, including education, religion and health care. However, the child's father can file a petition with the court, although both the child's father and mother are expected to verify that they are the child's biological parents. If you and your ex can communicate and agree on all the provisions of a custody agreement (physical and legal custody, sole or joint, and parenting time), the judge will approve your agreement if the arrangements appear to be in the best interest of the child.
If you are a single parent in Virginia and are interested in establishing your child custody, visitation, or support rights, you should consult with an experienced family law attorney who can help protect your rights. In the case of single parents, the mother of the child is prohibited from receiving child support payment from the child's biological father and is granted sole custody, since there is no legal presumption of paternity and, therefore, the father must prove that he is the biological father of the child, and then proceed to seek custody or visitation. If you are facing a custody battle, nothing is more important than getting a custody and visitation agreement that is in your child's best interest. .
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