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Virginia Divorce Law,VA Divorce Law,Divorce Virginia,VA Divorce,Divorce in VA,Divorce in Virginia,Divorce Law in Virginia,Virginia No Fault Divorce,Virginia Divorce Form  
Custody Arrangements in a Virginia Divorce

Virginia Custody FAQ's

Disagreement over custody is sure to put you in the middle of a bitter and expensive divorce.   Custody cases can be the cruelest and most destructive legal situations. Be sure that the children would be significantly better off with you before getting involved in an expensive and emotionally draining custody battle.  The best interest of the child is the legal standard in deciding who will get custody.  Every judge sees it differently.  The mother does not have an automatic edge in litigation in Virginia. The fathers win in at least half of the litigated cases.
Custody Arrangements in a Virginia Divorce

What if we agree about custody and visitation?
If you and the other parent have already come to a fair agreement on the custody and visitation issue, you may want to write your own "stipulation" and consent order. A "stipulation" is a statement describing the agreement that you have reached. A consent order is a draft for the judge to sign if s/he agrees to accept your agreement. this means that the court can enforce the agreement in the future. 

If you choose to go this route, you and the other parent should be as specific as you can to avoid future conflicts. You should ask yourself, who has legal custody? Which holiday does the child spend with you? What time and where may the other parent pick the child up? What time should the child be returned home? What is the procedure to follow if either of you are running late and won't be there on time? How much notice should you be given if they are planning a vacation? How far away may the other spouse move? What you might think you can figure out as you go along could actually blow up into a full scale war later. The Stipulations should state everything that you have agreed upon. You should not rely on any oral promises. If you both agreed on it, write it down (no matter how trivial it may seem now). 

Technology offers some innovative and creative ways for parents separated from their children to connect.  "Virtual" visitation is coming to be recognized by the courts as a potentially important way to supplement in-person visits.

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Please note: When you get divorced you should have a new will, living will, and power of attorney.
To get your will, living will and power of attorney
go to our affiliated web site at: http://www.smartlegalforms.com



Please note: When you get divorced you should have a new will, living will, and power of attorney.
To get your will, living will and power of attorney
go to our affiliated web site at: http://www.smartlegalforms.com