Domestic violence with any doubt is a very serious issue. A parent’s loss of control can impact a family emotionally, psychologically and legally. Courts in Virginia takes the allegations of domestic violence in cases of child custody very seriously. Domestic violence in relations is a facilitator for one partner to file separation or leave a relationship. In case there are children involved the issue of child custody arises. Domestic violence can have very damaging effects on children. When there is domestic violence in the home, children are at bigger risk of being abused or deserted.
It is usual for a parents with custody to separate the children from other parent. They often do this when the other partner is harmful or engaged in any criminal activities. According to Virginia code of child custody Section 20-124.2 and 124.3 when the court determine custody of a child, it assures a frequent and continues contact of child with both of his parents. The main purpose is fostering continuous contact between a child and both parents. In these situations, the court awards joint or sole custody.
Virginia laws of child custody
The child custody law in Virginia take the following considerations into account:
- Child preference and wish to custody if he/she is mature to make such a claim.
- The mental health and age of child.
- The age and mental state of parents
- Familiarity of parents with child needs and ability to provide for those needs.
- The role of parent in child rearing.
- The willingness of one parent to allow and maintain a continuing relationship between child and other parent.
- Willingness of parents to work together and solve disputes
- Any previous record of domestic violence, child abuse, or negligence
- Any other factors which affect child’s welfare
A child custody contract is normally part of common divorce proceeding. The custody contract will be decided over a signed paper called a parenting plan. These signed agreements allow parents to implement their rights to visit the children, if one parent acts in a way conflicting to what they settled to. Parenting plan records are preserved with the divorce records and can consequently be found in the courts where divorce proceedings are heard. Most of the judges in Virginia inspire parents to work together to generate a custody and visitation schedule that is in the best interests of their child. Parents can do this collectively or with the help of an intermediary and then submit the plan to the judge. A mediator work for the courts. They support parents make childrearing plans that are in best interest for the children. Intermediaries know the ways to work with divorced pairs, and they are skilled to apprehend domestic violence.
You may want to talk with an attorney who can offer you the best legal way to move forward. You can contact SRIS Law Group who provide legal services to their client and ensure that our clients are always represented by skilled and knowledgeable attorneys in Virginia.
Call us now – 888-437-7747