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Proving a Parent Unfit for Custody in Virginia

Separating your children from their custodial parent is hard, but sometimes it's the necessary thing to do. While you may want to be your child's hero and remove them from a household you deem unfit, the court has jurisdiction over your custody case.

When the court makes a decision in your custody case, they assure both parents have frequent and continuing contact that is appropriate and meets your child's best interests. Here's how the court will make decisions in your custody case.

Child Welfare

The welfare of your child is strongly considered and supported by the state's laws. A judge will work with you and consider your willingness and ability to take care of your child's well-being. If you and your ex have a dispute (proving them unfit), the court will step in to resolve this issue and weigh all factors such as support (child support or alimony), custody, and visitation rights.

Child's Best Interests

A judge will prioritize your kid's best interests before any accusations you make against the other parent. The court will weigh the following:

  • Your child's mental condition.
  • If there is a history of family abuse.
  • Any role parents play in your child's relationship, including extended family.
  • Your child's age and ability to understand and express their preferences.

Parental Conduct

The court will require sufficient evidence to prove that your child is in harm's way by being under the custody of their other parent. Additionally, the court will consider several other factors to determine if a parent is unfit for custody, like both parents' conduct during their marriage and how it impacted their child's behavior.

Your ex-spouse will be evaluated and potentially prevented from seeking or obtaining custody if:

  • Your ex was convicted of a crime such as murder.
  • They committed a felony or manslaughter.
  • Caused serious bodily harm to your child.
  • Sexually assaulted your child.

Your ability to prove that your ex harmed your child during or after your marriage is an urgent matter that is taken seriously by the state of Virginia. If you have reasonable grounds to believe that your child was harmed, our Suffolk County child custody attorneys at Bush & Taylor, P.C. can help you aggressively pursue your case.

If you need assistance with your child custody matter in Suffolk County, call Bush & Taylor, P.C. today at (757) 926-0078.

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