What is Sole Custody?
For understanding the point is sole custody applicable in the State of Virginia, it is necessary to firstly see the definition of sole custody provided under Virginia’s law. Under Virginia Code § 20-124.1 sole custody is defined as a condition where the responsibility for controlling and caring for of a child is retained only to one individuals. Moreover, he/she is considered the one who is given the primary authority for making any decisions related to the child’s well-being.
Types of Custody
Is sole custody applicable in the State of Virginia is a question for which most of the parents are concerned when filing for a custody case. Generally, there are two main types of custody that are mentioned in Law of State of Virginia. These include physical custody and legal custody.
In order to determine the custody of the child, the judges in the courts most probably order the joint custody of child in legal aspects. This means that all the factors linking to any legal matter such as child’s involvement in the crime, the forming agreements for child to get insurance, getting admissions in schools and providing surety for child’s attitude and behaviour, all lies within the joint legal custody that is given to both parents.
On the other hand, the physical custody is one in which the sole parent is provided only the physical custody of the child, and there is no involvement shown by him/her in the legal matters associated with the child. Most of the clients bring custody cases where they ask the lawyer is sole custody applicable in the State of Virginia or not.
If the child custody lawyer in Virginia is well aware of all the laws and codes enacted and enforced by the legislature, he/she provides the best advice in such a case. The sole custody did not terminate the rights of the parents, who are not provided the legal custody. But the respective parent is certainly handicapped when playing a key role in his/her child’s life. Under Virginia Code § 20-124.2(B), it has been clearly stated that the court should make sure that the minor child is provided continuing and frequent contact with both his/her parents. Also, the parents are encouraged under the law to share their respective responsibilities towards their children.
Many child custody lawyers in Virginia fail to provide proper guidance and advice on the issue of sole custody applicable in the State of Virginia. This eventually leads to negative impact on the child’s life as well as the parents’ life who are concerned for filing the child custody case. Under the Virginia Code’s sections, the answer to the question is sole custody applicable in the State of Virginia is provided in an expressed manner. For example, Virginia’s public policy states that child should be provided advantages from both the parents’ active participation, care and affection in their lives. All these points show that sole custody is applicable in the State of Virginia. B