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Generally, youll have to submit paperwork to your local JDR court, then appear at a trial. If a Virginia court has never issued a custody order for your child, then you and the other parent both have equal possession of the child, regardless of whether you are married or not.
How do I ask the court for custody or visitation of my child? Anyone can file a custody or visitation petition in Family Court. The parent must name the other parent on the petition and explain the reasons why he/she should have custody. Either parent in a custody or visitation petition has the right to an attorney.
Custody cases are usually started in Family Court. The petition should be filed in the county where the child lives. Sometimes, if the parents are married and getting a divorce, one of the parents file for custody as part of the divorce in Supreme Court. The custody order is part of the Divorce Judgment.
Evidence Used to Prove a Parent is Unfit Testimony from counselors, therapists, teachers, coaches, and other people who are familiar with specific instances in which the parent displayed unfit behavior. School and medical records. Police reports detailing domestic violence. Photographs and videos of the parents home.
Custody can be decided at any point between the parties. A court can award temporary custody if requested by either of the parties. Custody may be decided at mediation. If the parties cannot docHub an agreement, custody will be decided by the court at a trial.
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Your first step is to seek legal advice. You need to do this immediately. Your contact with the children needs to be restored as soon as possible. The longer your wife has exclusive contact, the more you jeopardise your legal position in relation to the children.
This means that if you and your child recently moved to Florida, you generally cannot file for custody in Florida until you and your child have lived here for at least six months. Until then, Florida courts do not have jurisdiction (power) to make a child custody determination.
Youll submit your paperwork at your courts Civil Case Intake Unit. Filing fees vary, but you should expect to pay at least $125, unless you submit a fee waiver request.
Parents must start the paperwork through their local Court Services Unit of the Juvenile and Domestic Relations (JDR) Court. For parents with a Divorce case, the Circuit Court could also handle custody and support (both spousal and child). See the Divorce page for more information.
A history of child abuse with this or any other child. A track record of being physically or emotionally abusive to the other parent. Issues with abuse of alcohol, illegal or prescription drugs. A psychiatric illness that might risk the welfare of the child.

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