Title 20 in the Code of Virginia contains the laws and rules about child custody proceedings. These are important for parents who are involved in a custody situation to know. Here are some of the more pertinent laws about making a Virginia parenting plan.
Children should have frequent and continuing contact with both parents. Section 20-124.2 states that the court of Texas will ensure that children have frequent and continuing contact with parents. Along with this, the law encourages both the mother and father to stay involved in the responsibilities of raising the child. This law especially applies as parents make a Virginia custody schedule. The schedule should give both parents access to the child. When a child lives primarily with one parent, a Virginia visitation schedule must still give the other parent adequate time with the child. Virginia courts are very hesitant to accept a schedule that gives little or no time to the other parent.
There is no presumption in favor of either parent for awarding custody. Section 20-124.2 clearly states that the law gives no preference of custody to either the father or mother as the custodial parent. When the parents are not able to agree on a Virginia custody agreement, the court determines the custody arrangements (including the custodial parent) based on what benefits the child’s welfare the most.
The child’s needs and welfare are the most important. All of Section 20-124.3 is devoted to helping courts and parents make decisions in the child’s best interest. Here are some of the factors that parents should consider when making a plan to ensure that it is in the best interest of the child: the age and physical and mental condition of the child, the age and physical and mental condition of the parents, the existing relationship between the child and each of the parent, the relationship between the child and the child’s siblings, the role that each parent has played and will play in the future, the ability of each parent to encourage the child to develop a relationship with the other parent, the reasonable preference of the child, the willingness of the parents to cooperate, and any other relevant factor.