In every other disputed case, which ends up in the Virginia court, the most frequent question is who gets custody of Virginia children? In most of the cases, the woman is granted sole custody. Divorced fathers, on the other hand, only have sole custody in every seventh to eighth case and even more rarely than that the child is accommodated outside of his nuclear family, such as a foster family. Then custody is usually assigned to the one the child is staying with (mostly the mother), because he knows the child best and ultimately has to make the decisions.
While considering who gets custody of Virginia children, part of the custody right is the right of residence. This regulates who is allowed to make the decision as to where the child is, and therefore also to whom the child lives. There is a certain criteria according to which sole custody is assigned, i.e. the so-called double child welfare examination. The court may grant the application under paragraph 2 only if it is satisfied that both the termination of the joint concern and the transfer to the applicant are in the best interests of the child.
- Reasons for lifting the joint concern:
- There is no objective cooperation ability of the parents
- There is no subjective cooperation of the parents
The burden of proof lies with the one who wants to have the sole right of custody, an indication of a willingness to cooperate and ability to cooperate. In particular, if the parents can and want to work together in custody matters of considerable importance. Parents have the duty to distinguish between the partner levels. That is, the behavior in relation to each other and the parent level behavior in relation to the child.
According to the law regarding who gets custody of Virginia children, the transfer of the child to the applicant is in the best interests of the child. Furthermore, there is also a principle of support. While handing over the child’s custody, it should be borne in mind that who offers the child better opportunities for development. The one who gets custody of Virginia children should provide more support for building the personality of the child and be more stable and reliable caregiver for the child.
These are the external aspects for who gets custody of Virginia children such as the parent’s education and its social position, the opportunities to feed the child, etc. On the other side, the educational aptitude and the inner willingness to take responsibility for the education and care of the child should also be taken into account. Continuity principle is that which parent is better suited to ensure the most uniform and consistent education of the child. It must be taken into account to what extent the stability of the environment can be guaranteed. That is, the persons caring for the child and those who otherwise form their social environment, for example in school and kindergarten.