Divorce Virginia Custody
The settlement of child custody issue is a significant legal formality associated with most of the divorce cases. The children related decision requires a lot of attention and consideration of particular factors like physical or mental state of the people included in the process, financial status of both the parents and likewise. However, the state laws may differ depending upon the circumstances and definite rights set by the judiciary system of the particular state. During the child custody settlement in Virginia, natural parents are preferred to third parties as the guardians of the minor. If a parent has a suitable residence and is fit, he or she has a superior right of custody. This assumption can be overridden if there is any convincing proof of the following regarding the natural parent:
The court might terminate parental rights in case there is presence of some convincing facts with clear proof:
Factors considered by the court before finalizing the custodial responsibilities
In order to declare a fair decision over child custody issue, the court first confirms some definite factors or conditions associated with the divorcing parents and the child involved. Some relevant conditions are:
Individuals related to child custody issue
In Virginia, some individuals act in an official capacity in child custody cases. One such individual is the social worker. The court directs this social worker to conduct an analysis in order to present the home study of particular residences. These residences usually belong to those parents who seek child custody responsibilities during their divorce. The responsibility of the worker is to observe the residence, have a chat with the parents and the children. The next step is to report what these professionals have seen to the concerned judge.
Another individual is the GAL (Guardian ad Litem). This person is basically a lawyer and he or she is authorized to represent the best interests of the child. These professionals greatly contribute in making valid decisions associated with child custody. The court is empowered to appoint a GAL as per Section 16.1-266.
Essential facts related to child custody in Virginia
In order to decide the adequate custodial parent for the child, the court demands the fulfillment of definite conditions by that parent. During the child custody settlement in Virginia, some third party can also be given the authority of child custody if in case the divorcing parents do not satisfy all legal formalities defined by the state.
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