Single Mother Custody Rights in Virginia

When it comes to divorce or separation from an individual with whom you share a child, addressing the issue of child custody is often a challenging matter. Importantly, every custody situation is unique, as each family is different from another.

As a legal term, child custody refers to the legal and practical relationship between a child and their divorced parent or legal custodian. It is important to note that the laws concerning child custody will vary by state.

In Virginia, child custody is governed by Code of Virginia Title 20, Chapter 6.1. That statute outlines the various factors considered in determining custody and visitation arrangements, focusing on the best interests of the child.

Under Virginia law, as a single mother, you have several rights regarding child custody. First and foremost, a mother who has legal custody over their child will be able to make important decisions regarding that child’s upbringing.

Examples of single mother custody rights for a mother with legal custody over their child include:

• The right to make educational decisions for their child, such as what type of school they go to, what type of courses the child should take, and other educational choices
• The right to make religious decisions regarding what religion to raise her child in, if any
• The right to make legal decisions on behalf of their child, such as whether or not to enter into certain legal contracts on behalf of her child or represent her child in a lawsuit
• The right to make medical decisions for their child, such as whether or not her child should undergo invasive and noninvasive procedures
• The right to make decisions regarding the psychiatric treatment for her child

Once again, when making custody decisions, Virginia will always adhere to the child’s best interests standard. The child’s best interest standard is a legal standard that states that all child custody laws will place the child’s interests and backgrounds above the parent’s personal preferences when determining whom to grant custody to.

In Virginia, there is a general presumption that it is in the best interest of the child to have significant time with both parents. However, this can be challenged. Any party that is involved in a custody case can present evidence to rebut this presumption if they believe that spending time with one parent is not in the child’s best interest.

As a single mother, you are automatically awarded sole legal and physical custody of your child at birth if you are unmarried. This means that you have the exclusive right to make decisions about your child’s upbringing and care, and your child will reside with you.

However, it’s important to note that the child’s father can petition the court for custody or visitation rights. Further, if you are married, there are some situations in which a court may still determine that it is in a child’s best interest for one parent to have full or sole custody of a child or children.

Custody laws for unmarried parents are different from custody laws for married parents. As such, it is important to have an understanding of Virginia law on child custody if you are a single mother.

Are There Different Types of Child Custody?

In short, yes, there are two different types of child custody. A parent may have either physical custody, legal custody, or both types of custody of their child. It is important to recognize the differences and nuances between legal custody and physical custody.

A parent who has legal custody over their child will have the right to make important legal decisions on behalf of that child, such as those listed above. Physical custody, on the other hand, refers to a parent’s legal right to possess their child and determine where their child resides.

Then, there are also different custody arrangements that parents may agree to, depending on their exact familial situation. The following is a list of different custody arrangements that a Virginia court may order:

• Sole Custody: In a sole custody arrangement, only one parent will have custody of the child for most of the time
  • The other parent is then permitted certain child visitation rights and time that allows them to visit with their child for a specified amount of time
  • In general, courts are moving away from sole custody arrangements, as most courts presume that a child having access to both parents is in the child’s best interest
  • However, evidence that the child is in clear danger in one parent’s household, or evidence is shown that permitting one parent custody of the child is not in the child’s best interest, then sole custody may be ordered by a court
• Joint Custody: In a joint custody arrangement, two parents agree on a custody arrangement, or a court orders them to share decision-making and child-raising responsibilities
  • Courts generally prefer joint child custody arrangements as they are typically considered to be in the child’s best interests
  • Joint child custody arrangements ensure children have continued contact and involvement with both parents by allowing both parents to have almost equal possession and access to their child or children
• Bird’s Nest Custody: Bird’s nest child custody refers to a rare form of child custody where the child remains living in the family home, and the parents take turns moving in and out of the home to care for the child
  • Bird’s nest custody is often too complicated on the adult parties, and, as such, is not often ordered
• Split Custody: In a split child custody arrangement, otherwise known as a 50-50 child custody arrangement, both parents are granted equal rights to physical possession of their child or children

Who Determines Child Custody?

Child custody decisions in Virginia will be made by a judge in Family Court. The court’s primary consideration is the best interests of the child, and it evaluates various factors to make this determination, including:

• The Age and Health of the Child: The physical and emotional condition of the child will be considered
• The Relationship with Each Parent: The existing relationship between the child and each parent will also be considered
• The Needs of the Child: The developmental needs and best interests of the child is another factor in determining custody
• The Role Each Parent Has Played: Each parent’s role in the upbringing and care of the child is also considered
• The Willingness to Support Each Other’s Relationship with the Child: Each parent’s willingness to facilitate and encourage a close and continuing relationship between the child and the other parent is also considered as this is presumed to be in the child’s best interest
• History of Abuse: Any history of family abuse or neglect by either parent will be considered when determining whether to reduce on parent’s custodial rights
  • Evidence of serious issues, such as domestic violence or substance abuse, will generally allow for one parent to obtain sole custody

The court will try and create a custody arrangement that serves the child’s well-being and stability in both the present and future.

Can a Father Take a Child Away From the Mother?

As mentioned above, there are certain situations that may result in a court revoking a mother’s custody rights over their child or children. Importantly, a father may only take a child away from their mother only when they have legal permission from a court to do so.

A court may grant a father the right to take a child away from their mother for any of the following reasons:

• Evidence of Abuse or Neglect: If there is proof that the mother has been abusive or neglectful towards the child
• Unfitness of the Mother: If the mother is deemed unfit to care for the child due to issues such as substance abuse, mental health problems, or criminal behavior for which she has been found guilty
• Best Interests of the Child: If the court determines that living with the father is in the best interests of the child, considering factors such as the child’s age, health, and emotional needs, that may result in the father obtaining additional custody
• Parental Alienation: If the mother has been actively trying to alienate the child from the father, negatively impacting the child’s relationship with the father, that evidence may be used to decrease her custodial rights

Can I Move With My Child Without the Father’s Permission?

In Virginia, if you’re the custodial parent and want to move with your child, you usually need to either obtain the other parent’s permission or secure a court order. This is to ensure that the relocation is in the best interest of the child and to maintain the other parent’s visitation and relationship rights.

Importantly, if you have sole custody, you may do whatever you want without having to seek the other parent’s permission. However, if the father has any custodial rights with respect to the child, then you will have to follow the custody order entered into by the court.

Further, if there is a geographic restriction present in the custody order, then you will first need to seek permission from the court to move. The court will then decide whether the move is in the best interests of the child, considering factors such as the reasons for the move, the impact on the child’s relationship with the non-custodial parent, and the child’s overall well-being.

A local Virginia lawyer will be able to answer any questions you may have regarding whether or not your child custody order permits you to move. If you do not have an order, they will also be able to help you obtain one, if necessary.

Do I Need a Lawyer for Help With Child Custody Matters if I Am a Single Mother?

As a single mother, if you are in a situation where your custodial rights are being challenged, then it is in your best interests to immediately consult with an experienced Virginia child custody attorney.

LegalMatch can assist you with locating and setting up a legal consultation with an experienced child custody attorney in your area. They can help you understand Virginia’s specific laws regarding child custody, including the grounds in which your custody as a single mother may be challenged.

An attorney can also help you face any allegations of child abuse and neglect and ensure that your parental rights are protected throughout any legal proceeding. Finally, a custody lawyer can ensure that you have a solid child custody order, and also represent you in any court proceeding.