Child Custody Flashcards
Two types of custody
1) legal custody
2) physical custody
Legal custody
Is right of parent to make legal decisions
Physical Custody
right to have a child reside with you and obligation to provide daily care
Joint legal custody
follow procedures of custody agreement
Virgina courts have SMJ over child custody issues if
1) Va is the kids home state
2) Va was home state within past 6 months but a parent lives in VA
Parental Kidnapping Act
prohibits a parent form taking a child out the country
Custody= best interest of the child
It is in the best interest of a child to be with his parent unless that parent is deemed unfit
1) Age of Child, mental condition
2) Relationship between parent and child
3) realtionships
4) reasonable preference of child
5) violence
Judge must list the written reasons for a custody determination with all factors
Yes
Courts cannot consider in child custody
1) Sexual conduct
2) Race, religion
Visitation
non custodial parent has a constitutional right to contract with child.
But court can deny overnight visits or order supervised visits
Visitation for 3rd party’s
If both parents object, third party must show denial of visitation causes actual harm to child.
If only parent objects then must show that visitation is in child’s best interest
Can a step parent have visiting right
Yes
Custody/visitation orders are
modifiable when there is a material change in circumstances and the modification is in the best interest in the child
a change is circumstances is proved by preponderance of the evidence
Reelection of child
Best interest of Child, party seeking to relocate 30 days advance written notice.
Cohabitation
can result in change of child custody is against best interest of the child
