child custody Flashcards
is there a presumption for one parent to have custody over another in VA?
no
legal custody
right for parent to make major decisisons in kid life
Religion, health, education
physical custody
right for kid to live with parent and obligation to provide routine daily care
joint custody agreement requirrements
both parents willing and able to cooperate
best interests of the child
what is the standard for custody?
best interests of the child
what cant the court consider for best interest of child?
race or religion of parents
parent sex conduct (unless negative impact on kid)
considerations for best interest of child
relationship with parents
where siblings and friends live
primary caregiver
conditions of the parents
child preferences
what is the standard for visitation?
best interests of the child
is a parent allowed visitation
yes
noncustodial parent allowed reasonable visitation with minor kid
when is visitation denied
serious danger to kid physical mental or emotional health
what is both parents deny visit from grandparent?
TP must show lack of visit would cause actual harm to kid
what if one parent objects to visit?
clear and convincing EV the visit serves best interest of child
what if one parent objects to visit of grandparent?
clear and convincing EV the visit serves best interest of child
do family members have rights?
yes
any person with legitimate interest
modification of custody or visitation
material change in circumstances
best interest of child
