Child Custody and Child Visitation. Livesay & Myers, P.C. Instead, many cases involving grandparent’s rights will cite three related laws in the Virginia Code’s child custody and visitation section: Virginia Code § 20-124.1, which defines the legal term “person with a legitimate interest.” Virginia is one of the many states that has passed laws affirming that custody should be awarded “in the best interests of the child” and courts are no longer allowed to give preference to either women or men. For example, if a grandparent’s child loses parental rights to because of abuse or neglect, the grandparent can’t seek visitation with the grandchild. The child’s mother had died and the grandfather intervened to obtain full custody of the child. Child custody laws are very similar from state to state, mainly due to adoption of the Uniform Child Custody Act, which helps enforcement efforts across state lines. Custody and visitation are the legal terms in court ordered determinations of which parent the child lives with and the conditions for the child to visit the other parent. Best interests of the child; visitation. An Overview of Virginia Child Custody Laws. § 20-124.3. In Virginia, the law does not favor either the mother or father. You can also access forms by entering the form number or Custody, Visitation & Child Support Forms - VA ATJ Joint Custody . By: Central Virginia Legal Aid Society, Inc. Read this in: Spanish / Español Under joint custody, parents share parenting responsibilities. Lynchburg Juvenile and Domestic Relations District Court: Custody, Visitation and Support. What are the current custody and visitation arrangements and do they overly expose the parents and/or child to the virus through constant travel and exchanges; and Are there any specific examples of a parent putting the child’s health at risk through unnecessary exposure or exposure which cannot be avoided due to the parent’s job or routine. Visitation rights in a split custody case will usually involve sibling as well as parental visitation. Custody and visitation are never considered to be final. Virginia has laws that explicitly permit the consideration of domestic violence in conjunction with child custody. Content Detail. In determining best interests of a child for purposes of determining custody or visitation arrangements, including any pendente lite orders pursuant to § 20-103, the court shall consider the following: 1. Virginia child custody laws allow for joint custody and grandparent visitation rights, while the court process gives significant weight to the child's own wishes before determining custody. This article describes your legal rights about child custody and child visitation. In one Virginia case, the court denied a grandfather’s request for custody of his grandchild. The content of this page was provided by the Lynchburg Juvenile and Domestic Relations District Court and has been posted on Virginia's Judicial System Web site as a courtesy to the Lynchburg Juvenile and Domestic Relations District Court. The Virginia Judicial System has a number of forms for each court available on the court's form page. 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