Child Custody in Virginia

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" colspan=2 height=90 BGCOLOR="#336666" TEXT="#080000" background="069b85a3.jpg"> <div> <FONT SIZE="5" COLOR="#000000" FACE="Arial" ><B>Perry Law Group, PC (formerly Perry & Bray, PC) </B></FONT><B>     |     </B><A HREF="index.htm" TARGET="_top" TITLE="Perry Law Group, PC (formerly Perry Bra"><B>home</B></A></div> <div>                                                   </div> <div> <B>3660 Boulevard, Suite K Colonial Heights, VA 23834 (804) 520-7060 (800) 866-3075, toll free in VA</B></div> </td> </tr><tr> <td valign="top" width=210 BGCOLOR="#336666" TEXT="#080000" background="06ad2b83.jpg"> <bR> <div> <A HREF="index.htm" TARGET="_top" TITLE="Perry Law Group, PC (formerly Perry Bra">Home</A></div> <div> <A HREF="id18.htm" TARGET="_top" TITLE="Contact Us">Contact us</A></div> <div> <A HREF="id17.htm" TARGET="_top" TITLE="About Us">About us</A></div> <div> <A HREF="id24.htm" TARGET="_top" TITLE="Who Won? 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Upon the death of one parent, the survivor becomes the natural guardian. Upon the abandonment of the family by one parent, the other becomes the natural guardian, without a court order.</div> <bR> <div>      Custody disputes arise most often when parents decide to separate, or when the parents never married. In these cases, courts are called upon to award custody, based upon the law and the facts as presented in court. Court proceedings are frequently long, emotionally draining, and expensive.</div> <bR> <div>      Unless a party has filed suit for divorce and requested a custody determination incident to the divorce proceedings in a Circuit Court, custody cases are usually determined by the Juvenile and Domestic Relations District Court. Courts in Virginia have authority to consider joint custody, as well as sole custody, but must give primary consideration to the welfare of the child. There is no presumption in favor of either parent.</div> <bR> <div>      Regardless of the custody arrangements, neither parent may be denied access to the academic, medical, hospital or other health records of the minor child, unless otherwise ordered by the court for good cause shown. It is difficult to imagine good cause for denying access to such records. In applying the best interest standard, courts have looked at factors, such as, moral climate, warmth, stability, home life, work schedules, environment, and child care arrangements. It has been said that the court must award custody to “provide children with the greatest opportunity to fulfill their potential as individuals…”</div> <bR> <div> <B>Superior Rights Of Natural Parents</B></div> <bR> <div>      Virginia law favors natural parents over third parties as guardians of the person of their minor child. A fit parent with a suitable home has a right to custody of his child superior to the rights of others. This presumption may be overcome by cogent evidence of unfitness, voluntary relinquishment, abandonment, previous order terminating or limiting rights, or a finding of special facts and circumstances constituting an extraordinary reason for taking the child from the parent.</div> <bR> <div>      To terminate parental rights, three elements must be shown by clear and convincing evidence: 1) termination is best for the child, 2) neglect or abuse presents a serious threat, and 3) it is improbable that in reasonable time conditions will change. The statutory requirements for termination of parental rights are strict, and anyone facing such an action, often brought by Social Services after noncompliance with their directives and/or court orders, needs prompt assistance from experienced attorney.</div> <bR> <div> <B>Communication Is Important</B></div> <bR> <div>      If your are facing a custody dispute, try to keep an open channel of communication with the other parent. Remember that your child needs both parents and both of you have a contribution to make to your child's life. Reassure your child by word and deed that you love him or her, and will be there for him no matter what. Do not ask a child to choose where he or she wants to live. It is an abdication of parental responsibility to place the burden of such a decision on the child. Do give mature consideration to the preferences of an older child in determining where and with whom he or she will live.</div> <bR> <div>      Know your rights and responsibilities. Seek advice early from an attorney with whom you are comfortable, someone with experience in family law. Attorney Virginia Dante Perry of Perry and Bray has over twenty years of experience representing and advising families, including broken ones. Call for a free brochure, Children are a Gift, or our publication giving guidance for separated and divorced parents. Or for an appointment: Call (804) 520-7060.</div> <bR> <div> <I><B>These pages provide general information only, and are not intended to offer specific legal advice for your situation. Visiting this site does not establish an attorney-client relationship.</B></I><I> </I><I><B>Please note that we are licensed attorneys only in Virginia, and we do not purport to do business or offer advice outside of Virginia.  </B></I></div> <bR> <bR> </td> </tr></table></body>