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Those are 10 factors detailed in the code of Virginia that the court must consider and weigh during a divorce proceeding between two people involving a child or children. 10 Factors a Judge Must Consider. The first factor is the age and physical and mental condition of the child given due consideration to the child’s changing developmental ...
- The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs.
- The age and physical and mental condition of each parent.
- The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child’s life, the ability to accurately assess and meet the emotional, intellectual, and physical needs of the child.
- The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers, and extended family members.
The Code of Virginia §20-124.1 defines legal and physical custody. Legal custody is the authority to make decisions relating to the child’s care and control, including things like education, medical care, religious upbringing, etc. Physical custody is physical and custodial care of the child. That means that the child lives with the parent ...
Sep 25, 2018 · Ultimately, an experienced child custody attorney will be looking to pair the facts with the factors of Virginia Code 20-124.3, which is Virginia’s Best Interests of the Child statute. All custody and visitation cases are governed by that statute; the Court must consider each of the 10 factors in that statute.
- Male
- May 29, 1977
- Attorney
When you decide it is time to consult with an attorney, Smith Strong is available at (804) 325-1245 or (757) 941-4298. Editorial Assistance By: Michael Gee - Law Clerk. Brief overview and guide to Virginia Child Custody laws, below. For help with custody matters, call Smith Strong: 804.325.1245.
Nov 1, 2018 · Virginia allows for three types of child custody in a divorce case. The first type is sole custody, where only one parent has physical custody and decision making authority for the child. The non-custodial parent may seek visitation rights. The second type of child custody is joint physical custody, where both parents share physical custody of ...
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Section(s): VA. CODE ANN. § 20-124.2; 20-124.3 . A. In any case in which custody or visitation of minor children is at issue, whether in a circuit or district court, the court shall provide prompt adjudication, upon due consideration of all the facts, of custody and visitation arrangements, including support and maintenance for the children, prior to other considerations arising in the matter.
