| The Code of Virginia, in Title 20, contains the laws | | | | Section 20-124.2 also clearly states that the law gives |
| and guidelines concerning child custody proceedings | | | | no preference of custody to either parent. |
| and situations. These laws have been enacted to | | | | Sometimes a mother or father thinks they will |
| protect the child and ensure that they receive the | | | | automatically be granted custody simply because |
| proper physical, emotional, and mental care after their | | | | they are the mother or father. This isn't the case. |
| parents separate. The laws are also there to protect | | | | The court will determine the custodial parent by |
| the parental rights of the mother and father. Many of | | | | thinking about what is in the child's best interest. The |
| the guidelines found in Title 20 impact how the | | | | court can award sole or joint custody depending on |
| custody and visitation schedule should be created. | | | | the circumstances. There is no preference for either |
| Parents must become familiar with this section of | | | | type of custody. |
| code so that they can create the best possible | | | | 3. The child's needs and welfare are the most |
| schedule for their child. Here are the highlights of | | | | important. All of Section 20-124.3 is devoted to the |
| some of the important laws that parents should | | | | child's best interest. Every custody decision must be |
| know when making their schedule. | | | | made with the child's welfare in mind. Parents should |
| 1. Children should have frequent and continuing | | | | always make their custody and visitation schedules |
| contact with both parents. Section 20-124.2 states | | | | thinking about what is best for the child. Some of the |
| that the court of Texas will ensure that children have | | | | factors that the court considers when determining |
| frequent and continuing contact with parents. The | | | | what is in the best interest of the child are: the age |
| law also encourages both parents to be involved in | | | | and physical and mental condition of the child, the age |
| the rights and responsibilities of raising the children. | | | | and physical and mental condition of the parents, the |
| This law is very pertinent to the custody schedule, | | | | existing relationship between the child and each of |
| because both parents must have access to the child. | | | | the parent, the relationship between the child and the |
| (Unless, of course, there has been a history of | | | | child's siblings, the role that each parent has played |
| domestic violence and one of the parents is an unfit | | | | and will play in the future, the ability of each parent |
| guardian.) Parents should do their best to make a | | | | to encourage the child to develop a relationship with |
| visitation schedule that allows the child to have | | | | the other parent, the reasonable preference of the |
| contact with the mother and father. It is very | | | | child, the willingness of the parents to cooperate, and |
| difficult to get a schedule that gives very little time | | | | any other relevant factor. All of these should be |
| to one parent accepted by the court. | | | | considered when creating the schedule. |
| 2. There is no presumption in favor of either parent. | | | | |