While Virginia law typically leans in favor of a child’s biological parents rather than third parties, there are exceptions to consider. Courts assess whether the third party in question has an established and nurturing relationship with the child, which can strengthen their case for custody.
There are specific situations in which third parties may be granted child custody:
- When both biological parents are deemed unfit to care for the child
- In the unfortunate event of the custodial parent’s passing, with the surviving parent unable to provide adequate care
- If the child has been residing with the third party for an extended period
- When both biological parents voluntarily surrender their parental rights
If you find yourself concerned about a child’s wellbeing, suspecting abuse or abandonment, and wish to provide care, Coastal Virginia Law may be able to assist you in pursuing an emergency custody order. We are prepared to guide you through the complexities of custody issues, ensuring the safety of your family members and loved ones.
Who Can Gain Custody?
Virginia’s child custody laws acknowledge the shifting dynamics within families over the years. Recognizing that children often form strong bonds with individuals beyond their parents, the legislation explicitly includes various categories of people for consideration when courts decide on child custody matters. These categories encompass grandparents, step-parents, former step-parents, blood relatives, and other family members.
Importantly, Virginia doesn’t show favoritism toward one biological parent over the other. When parental disputes find their way to court, the resolution hinges on the evidence presented by the respective parties and their Virginia Beach child custody attorneys.
While there’s a foundational preference for parents, the law allows judges to weigh the possibility of awarding custody or visitation to individuals with a legitimate interest in the child, backed by clear and convincing evidence. It’s a nuanced legal process that considers both parental rights and the well-being of the child within the broader family context.
Seeking Custody as a Step-Parent
When step-parents seek custody, courts consider a range of factors to discern the child’s best interests, nurturing the bond formed even after the marriage dissolution. Whether the custody dispute involves divorcing biological parents or includes a step-parent, opting for an amicable settlement overseen by divorce or child custody attorneys is preferable, avoiding the conflicts and uncertainties tied to court battles.
In the courtroom scenario, the presented evidence must effectively persuade the judge that awarding custody to the step-parent aligns with the child’s wellbeing. These considerations encompass the child’s age, physical wellbeing, and mental health, as well as the parent and step-parent’s ages, physical health, and mental wellbeing.
Additionally, the nature of the relationship between the step-parent and the child, and its impact on the child’s emotional, physical, and intellectual needs, plays a crucial role. The court also evaluates the role the step-parent has played and continues to play in the child’s care.
Furthermore, the willingness of both the parent and step-parent to foster an ongoing relationship with the child, along with their commitment to collaborating in resolving disputes affecting the child’s wellbeing, are essential factors in the decision-making process.
Wondering if adultery affects child custody? Don’t miss our recent article!