Many Virginia parents believe that sole physical custody is nearly impossible to obtain. It stems from a popular assumption that courts will always favor joint custody. Here is what you need to know to understand how Virginia courts evaluate custody.
In the best interest of the child
When it comes to child custody, Virginia courts do not have a legal presumption that sole physical custody is inherently unfavorable. Instead, the decisions taken by a court are usually focused on the welfare of the child. One of the important questions a Virginia court may ask is: which form of custody will ultimately benefit the child? If a parent submits enough evidence to convince the court that sole custody serves the best interests of the child, they may be able to get a favorable ruling.
Admissible reasons for sole custody
Sole physical custody is usually restricted to limited scenarios that a court might find justifiable. A court is more likely to respond favorably to a sole custody request when the other parent:
- Has a history of abusing the child
- Has a mental illness that significantly affects their parenting capacity
- Has a substance abuse problem that can be detrimental to a child’s physical or emotional health
The court may also consider other justifiable reasons for sole physical custody.
Protect your child’s rights
If you think that joint custody could harm your child, you may seek sole custody of the child. However, Virginia courts grant sole custody only if you are able to convince them that there is legitimate concern. With the help of an attorney experienced in child custody, you may be able to provide your child with a safe and stable environment that they deserve.
