What Is Joint Legal Custody in Virginia
A judge determines two types of custody: legal custody and physical custody. Custody means the care and control of the child and the ability to make decisions about the child. Physical custody means the day-to-day care of the child and where they will live. In uncontested cases, where the parties have agreed on all custody and access issues, the child is generally not required to appear in court. No. Virginia`s custody law expressly states that there is no presumption or finding of the law in favor of a parent. No. One parent cannot refuse or restrict the other parent`s access to the children simply because the other parent has not paid child support. Child support and child association are two legally separate issues and both parents are entitled to meaningful relationships with their children. The most common term is nesting in Virginia. Nesting is one of the ways some families set up a timeshare arrangement for their children.
The reason we talk about nesting is that the basic principle of this type of custody arrangement is that the children stay in the same house. Instead of children going back and forth between households, as is usually the case in a custody arrangement, parents go back and forth with nesting. Thus, children have the opportunity to stay in the same house, regardless of the parent they are with. At The Firm For Men, we work every day to protect Virginia men in court, in their relationships with their ex-wives, and in the custody of their children. That is what we do in family law, and we are very good at it. Please contact us online or visit our office today to see how we can help you with your custody, child support or access case. This applies to each of the three decisions mentioned above. For example, if a father wanted to take his child to a school that the mother does not like, but the father still takes his child to public school without the mother`s permission, he could lose joint custody and sole custody could be given to the mother if the matter went to court. This means that while it may be uncomfortable or somewhat harmful to your relationship with your children, you can only enjoy it 35% of the time, with your ex-wife having them 65% of the time. This percentage may vary, but for it to be „shared custody“ rather than „shared custody“, the percentage each parent has children will be an unequal amount (40/60, 45/55, etc.).
If both parents have agreed to teach a minor home school and one of the parents subsequently disagrees, the judge will have to decide the case. However, this type of case depends on many other factors such as spouse support. In addition, it is very difficult to choose a school where your minor will enroll, especially if one of the parents does not agree because of joint custody. Many custody and visitation cases are resolved through negotiations between the parties. Married parents who are separated can include their custody and access agreement in a separation agreement. If the parents divorce, this separation agreement will be included in a final divorce decree of the district court. Alternatively, parents who do not live together (whether married or not) can file a „consent custody and access order“ to be registered by the District Court for Juvenile and Domestic Relations (J&DR Court). If a person has infants or toddlers or children at a young age, many experts have stated that it is important for these children to have regular and frequent contact with both parents. In such a case, that person might have a custody scenario where the children are with one parent for a few days and then with the other parent for a few days. Alternatively, there could be many mid-week visits for the non-primary guardian with the children, giving the children the opportunity to see both parents regularly.
This agreement, while not as fair as shared custody, may actually work better with many parents` work schedules, vacation availability, and school calendars. Virginia prefers custody and visitation arrangements that involve both parents in their children`s lives. However, supervised access may be ordered if the non-custodial parent has treated the child inappropriately or placed the child in a dangerous situation. A special situation in which no visits can be granted is where a parent or a person residing with that parent has been convicted of a sexual crime involving a minor victim. You should consult a lawyer to discuss the facts specific to your case. The custody of the children of the parties is decided by the court on the basis of what is in the best interests of the children.