Q: What happens during custody disputes among same-sex couples?
As of 2014, the law concerning same-sex marriages in Virginia and beyond remains fluid. However, the basic principles of custody still apply. The court’s priority is to protect the health and well-being of children affected by divorce, and it strives to act neutrally in custody matters.
Q: What if both you and your same-sex partner are considered legal parents?
In this scenario, the court will generally treat the custody situation similarly to a case involving heterosexual parents. Custody and visitation decisions will focus on the best interests of the child.
Q: What if only one of you is considered the legal parent?
If only one partner is the legal parent, the non-legal parent may have limited options for obtaining legal or physical custody or visitation rights. However, custody and visitation cases are highly fact-driven, and the non-legal parent may still have some recourse, depending on the circumstances.
Q: Do step-parents have any legal rights to visit children or obtain custody?
Virginia’s statute regarding “persons of legitimate interest” allows step-parents to pursue custody or visitation in certain circumstances. However, parental rights typically take precedence over step-parents’ rights.
Q: Under what circumstances can custody and visitation terms be renegotiated?
The court aims to strike a balance between creating stable arrangements for children and allowing for flexibility when circumstances change. Custody and visitation orders are not truly final. If there has been a significant change in circumstances, and it can be shown that a change is in the child’s best interests, the court may modify the arrangement.
Here are four situations where a renegotiation might be likely:
- A Parent’s Health Changes: If a parent becomes ill or recovers from a chronic illness, their physical ability to care for and guide the child may change substantially from when the original agreement was made.
- Dramatic Financial Changes: If a parent’s financial situation changes significantly (e.g., losing a job or gaining substantial income), it may impact their ability to provide for the child.
- Relocation: If a parent moves out of state, it can complicate the logistics of custody, visitation, and schooling. In such cases, a petition for relocation must be filed if both parents do not agree to the move.
- Remarriage: If a parent remarries, the change in relationship status or living situation could prompt a reassessment of the custody and visitation arrangements.
Need Legal Assistance?
If you need help with your Fairfax, Virginia divorce or custody case, contact the experienced attorneys at DiPietro Law Group, PLLC for a consultation at (888) 530-4374.
