Virginia Divorce – Custody of Children in a divorce
Who gets custody of the children ?
Divorce is a stressful situation for all parties involved and this question comes up first in many divorce proceedings.
To determine the custody of any child under the age of eighteen, the court will only choose in the best interest of that child. It is possible in your divorce that the court may award joint legal custody where both parents have a role in decision making for the child. It is also possible in your divorce that the court may award sole legal custody where one parent is responsible for making all decisions in that child’s best interests. Custody given in divorce is not a reward or a punishment. It is simply choosing the parent who is the most apt to best take care of that child and who is best able to give that child the best direction in life. Custody may change due to changes after the divorce such as remarriage or different life changes.
In a divorce regarding custody, the court will consider the age of the parent and child, the physical and mental condition of all parties involved, the needs of the child, the relationship between the child and both parents, each parent’s role in the child’s upbringing, the home that will be provided to the child and the wishes of the child, provided they are at a mature enough age to make such a decision.
Always keep in mind that children are affected the most in a divorce. Make sure that your child comes first and try and make all decisions to consider your children as best you can. Your lawyer can help you make the best decision for your family, or a mediator if you choose.