QUESTION

How can I get full custody of my three kids? I have a court case in 03/19/2012. Can you give me some advice to help me in my difficult situation?

Asked on Jan 04th, 2012 on Child Custody - Virginia
More details to this question:
My kids father mother is trying to get full custody of all three of my children to better her life because their father isnt man enough to take care of our kids by himself. What should I do and how do I prepare myself for court?
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2 ANSWERS

Family Law Attorney serving Tysons, VA
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There are a number of factors the court must consider according to the Virginia Code in making a custody determination. Of course, every case is different, but you should see how the facts of your situation fit within the following elements of the statute to build the best presentation of your case.  Hiring a lawyer to represent you is a good idea in every case, in order to make sure your rights are protected, that your evidence is presented correctly and that the proper objections are made.  § 20-124.3. Best interests of the child; visitation. 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. The age and physical and mental condition of the child, giving due consideration to the child's changing developmental needs; 2. The age and physical and mental condition of each parent; 3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child's life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child; 4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members; 5. The role that each parent has played and will play in the future, in the upbringing and care of the child; 6. The propensity of each parent to actively support the child's contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child; 7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child; 8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference; 9. Any history of family abuse as that term is defined in § 16.1-228 or sexual abuse. If the court finds such a history, the court may disregard the factors in subdivision 6; and 10. Such other factors as the court deems necessary and proper to the determination. The judge shall communicate to the parties the basis of the decision either orally or in writing. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.
Answered on Jan 10th, 2012 at 2:10 PM

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Family Formation Law Attorney serving Winchester, VA at The Law Office of Karen M. Holman, PLLC
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In matters involving custody of children, primary consideration is given to their best interests. Between parents, there is no presumption in favor of the mother or the father and the court's decision is rendered in consideration of the factors set forth in  Section 16.1-278.15, 20-124.3 in the Code of Virginia. When the petitioner is a non-parent, there is a presumption which favors the parent. In Bailes v. Sours, the Supreme Court of Virginia outlined five circumstances where this presumption could be rebutted by clear and convincing evidence:1. parental unfitness;2. a previous order divesting a parent of their parental rights;3. voluntary relinquishment;4. abandonment; or5. a finding of "special facts and circumstances ... constituting and extraordinary reason" for the court to grant the petitioner's request.   The above response has been provided for general guidance on matters of interest only and is not intended as a legal advice. No attorney-client relationship has been created between the reader of this response and The Law Office of Karen M. Holman, PLLC.
Answered on Jan 09th, 2012 at 1:40 PM

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