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How can I fight for primary custody?

On Behalf of | Oct 16, 2024 | Family Law

Regardless of the reasons you are fighting a child custody battle, it will be an emotionally trying time, fraught with legal perils. Fighting for primary custody in Virginia involves a focused approach that displays your commitment to your child’s well-being while following legal guidelines.

Focus on the ”best interests of the child”

Virginia courts decide custody based on what serves the “best interests of the child.” This term refers to a legal standard that courts use. It involves evaluating numerous factors, such as the child’s age, health and your bond with them, among other factors. Other considerations include each parent’s ability to meet the child’s needs, foster stable routines and maintain a positive relationship with the other parent.

Build a strong case with evidence

Document your involvement in your child’s life to illustrate your capability as a primary caregiver. Records from school, healthcare providers and extracurricular activities can highlight your role in their daily life. Additionally, gathering letters or statements from teachers, family members and other supportive individuals can reinforce your suitability for primary custody.

Foster a cooperative relationship with the co-parent

Virginia courts favor parents who promote a healthy relationship between the child and the other parent. Displaying a willingness to co-parent respectfully can positively influence the court’s view of your case. Refrain from negative remarks about the other parent and, where possible, demonstrate cooperation to show the court that your focus is truly on your child’s welfare.

Prepare for professional evaluations

During the custody process, the court may order evaluations by a psychologist or social worker. These professionals assess family dynamics[1] to guide the court’s decision. Being open and cooperative with evaluators is essential as their reports can significantly impact the custody outcome.

Understand custody types and procedures

Virginia distinguishes between legal custody (decision-making power) and physical custody (where the child lives). If you are pursuing primary custody, make sure you clearly understand your options, whether that is seeking sole or joint custody in either legal or physical terms. Additionally, be prepared for procedural steps, from filing petitions to attending hearings and possibly engaging in mediation.

Keep the child’s needs at the forefront

Throughout the process, prioritize your child’s interests more than anything else. Courts prefer parents who center their cases around their child’s well-being, who show maturity and a willingness to create a supportive environment.

By understanding the legal framework, collecting supportive evidence and maintaining a cooperative attitude, you can effectively advocate for primary custody in Virginia. Remember, it is not just about demonstrating your qualifications as a parent, it is about focusing on what truly benefits your child.

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