Q: What factors does the court consider when assigning physical custody?
The court prioritizes the rights and well-being of any children affected by the divorce. Factors that can influence the court’s decision include:
- The ages of the children and their preferences (if they are old enough).
- Whether the parents demonstrate a willingness to cooperate with each other.
- The court’s assessment of the parental homes: Are they nurturing, healthy, clean, and safe?
- Whether either parent has a history of physical or emotional abuse.
- The children’s relationships with siblings and other family members and how different custody arrangements might affect those relationships.
- The physical and mental health of both parents.
- The parents’ lifestyles and work schedules.
- Whether the children have any special mental, emotional, or physical needs.
- The family’s caregiving history (e.g., whether one parent has been the primary caregiver or whether caregiving responsibilities have been shared).
Q: Does the court automatically give preferential treatment to the mother in custody negotiations?
In the past, courts tended to favor mothers in custody decisions. There was also a time when fathers were preferred. However, the modern approach is gender-neutral and centers around the best interests of the child.
Q: Do grandparents have any physical or legal custody rights?
Grandparents’ rights are similar to those of other third parties, which can include relatives or even close family friends. If a parent objects to grandparent visitation, the burden of proof for the grandparent becomes higher. Virginia has a statute that allows “persons of legitimate interest” to pursue custody rights in court. While this doesn’t guarantee custody for grandparents, it does provide them with an opportunity to pursue visitation or custody rights.
Q: Under what circumstances might the court grant custody to grandparents or other “persons of legitimate interest”?
The court may grant custody to grandparents or other individuals if:
- The parents have been abusive or neglectful.
- The parents have abandoned the child.
- The parents are mentally ill or unable to financially support the child.
Need Legal Assistance?
If you need help with your Fairfax, Virginia divorce, call our team at DiPietro Law Group, PLLC for a consultation at (888) 530-4374.
