Child custody frequently comes to the forefront in Virginia family law cases. Even parents who are on amicably trying to end their marriage can face challenges when determining where the child will live, what the parenting time schedule will entail, and how to navigate the inevitable issues that arise.
When the determination is made, however, some might be under the impression that one parent will be favored over the other based on factors with no connection to the child’s well-being. There is often a preconceived notion that the mother will be given custody in most cases unless there are legitimate concerns about the child’s safety.
The law does not discriminate based on gender. Parents who think this could be an issue need to be prepared to present their case to be granted custody and maximum parenting time.
The child’s best interests are considered above all
When the court decides on any custody and parenting time arrangement, the objective is to make sure the child’s best interests are served. That means they will live in a safe and nurturing environment, have the proper nutrition, be given an education, have a positive family atmosphere, get medical care, dental care, and generally have everything they need. This can be provided by either a mother or father.
The court looks at the child’s needs, the parents’ ability to fulfill those needs, how the parents interact with each other, and how the parents interact with the child. If the child is of age and sufficient maturity to give their opinion and express their preferences, the court can give it consideration. However, that will not be the sole determinative factor.
Of paramount importance is that the parents can share the responsibilities for raising the child and the child-parent relationship. There might be a presumption that the child has bonded with the mother to a greater degree because the mother spent more time with the child. Still, that does not mean that the father has no chance of securing custody. The court can also award joint custody instead of sole custody.
Both parents should strive to reach a fair child custody arrangement
When moving forward with a family law case, it is easy to get caught up in the complexity of the situation. People might think that child custody will be given to one parent or the other without analyzing the details.
In truth, both parents can present their case to try and achieve their objectives and see the child as much as possible. To avoid missteps, it is useful to have comprehensive advice from the beginning.