The child custody cases are one of the most stressful and hectic experience for all the involved parties. The decision of the child custody case decides how the separated parents will deal the upbringing of their minor children. This is a huge responsibility and, therefore, the court works of plenty of key questions to decide which parent is eligible to get the physical and legal custody of the child.
Virginia court and Majority of courts in other states base their decision on what is best in the interest of the child. Hence, in order to determine the best for the minor child of the separated/ divorced parent, the court looks into multiple factors. Virginia court considers the following points when deciding on any child custody case:
Child’s Age, physical health, and mental condition.
The court pays a lot of weight on the age of the child, his/her physical health, and his mental condition. The court needs to acknowledge all the development needs of the child as the divorce alone impacts the child negatively. In the case where the child has special needs, the court pays special weight to the factor that which parent would be better able to deal with the child’s special needs. However, if your child is physically and mentally healthy the court would consider other factors more important. A parent looking for child custody should brace their knowledge regarding the child’s current and future development needs. In case of a minor baby who is still breastfeeding, the court would allow the child to stay with the mother with limited rights of visitation to the other parent or would advise the mother to stay at the father’s accommodation, (only in special cases in which the mother is willing) until the child can be shifted to another form of diet.
Parents’ Age, physical health, and mental condition.
Although, the age of both the parents is not given much weight in common cases unless this could impact their ability to support the child’s needs. However, the mental and physical conditions could impact the decision of the judge in case one of the parents is not mentally fit.
The child relationship with both of his parents and their willingness to develop a healthy relationship.
This is the most important factor to determine the willingness of parents to take proper responsibility of their child. The court acknowledges the healthy and positive relationship of the parents with their child and willingness to corporate with the other parent. This would highlight that even with the existing differences between each other they are able to cooperate with each other for the betterment of their child.
The child’s need to mingle with their siblings and extended family members including grandparents.
The court focuses on deciding the best for their child, therefore they do not forget the importance of siblings in the development of the child in this growing age. The court admires and promotes the healthy relationship of the child with other important family members of his life. These people include their sibling of the child, his grandparents, uncles and even his school friends.
The role of each parent so far in the upbringing of the child
The court considers the role of each parent in the upbringing of the child and how they are able to leave a positive impact on their child’s life.
Child’s Reasonable preference
The court even considers the preferences of a mature child but they are supposed to be reasonable. The court decides if the child is of a mature age and then would ask the child to testify separately in a private chamber.
History of any domestic abuse or criminal charges
This is one of the most important factors to consider the capability of the parents to get the custody of the child. The history of any domestic abuse leading to physical injury to any family member could lead to withdrawing from any visitation rights.