Child custody is a complex legal process that the Commonwealth of Virginia takes very seriously, but child custody cases aren’t always cut and dry. In fact, there are two different courts that may end up handling the custody case of a child, depending on the circumstances.
If you expect to be involved in a custody case, it’s worth the time to learn about which courts handle child custody cases in Virginia. There are basic processes in all child custody cases with various steps involved–a child custody lawyer in Virginia Beach can help you navigate the situation.
Who Handles My Child Custody Case?
Before we get into any details, we need to ask one simple question: Are you currently in the process of, or seeking, a divorce? This is an important question that decides where you’ll be having your child custody hearing.
If the answer is yes, then your case will be handled by a Virginia State Circuit Court. The reason is because the custody of the child can be agreed upon as part of the divorce settlement, so there is not a separate case that needs to be tried by another judge.
If you are already divorced or were never married, then your custody case will be handled by the Juvenile and Domestic Relations District Court. This court is specially designed to handle all types of family cases that fall outside the realm of divorce, and may hear cases related to juvenile delinquency and domestic violence, as well as neglect and cases involving abuse by other family members.
What Is the Child Custody Case Process?
In the ideal scenario, the two parties come to an agreement before there is ever a need for a trial. The custody agreement and stipulations are presented to the judge who will approve, deny, or amend the agreement as necessary.
As mentioned above, if the child custody case is happening as part of the divorce, then the child custody agreement will be entered as part of the finalized divorce decree before being presented to the judge. Additionally, cases happening outside of divorce are handled as stand-alone cases by the Juvenile and Domestic Relations District Court. Whether it’s part of the divorce or not, the basic process is the same. The parents will attempt to reach an agreement between themselves regarding the custody, visitation, care, and financial arrangements for the child’s future.
If the parents are not able to come to an agreement, one or both parents may hire an attorney to negotiate legally on their behalf. As part of these negotiations, the court may also order mediation hearings with independent mediators who examine the case and attempt to suggest solutions that are fair to both parents. During these hearings, it’s expected that all aspects of the child’s life will be evaluated, and that there will be lengthy discussions regarding income and child support.
If all stages of negotiation fail, the final option is to have a custody trial. In this scenario, the parents will submit evidence and explain what they feel is a fair outcome for the custody agreement. The judge will examine all of the evidence presented based on several factors; however, the primary concern of the judge is the best interests of the child.
The types of evidence may include income documentation, video or audio recordings, letters, and text messages. In the case of domestic violence in the home, there may also be police reports as well as photographic evidence and doctor’s reports entered into the record. After examining the evidence presented, the judge will render a decision regarding the custody of the child as well as visitation rights and financial matters related to child support.
In Conclusion
If the custody agreement isn’t followed to the letter, it’s important to note that you can compel the court to take action if you know how to file contempt of court child custody. The question of whether you are getting divorced or were never married is the primary deciding factor in determining which court will hear your child’s custody case. Regardless, the process is quite similar in both instances, and the outcome is based on what the court believes is in the best interests of the child. If you are considering petitioning for custody of your child, it’s of the utmost importance that you have a qualified family attorney at your side who will stand by you at every step of the way, including in custody cases where a father lies, so that you can get the best possible result in your child custody case.