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You will be charged a $25 fee to file this petition. However, if you feel that you cannot afford this fee, you may also file Form DC-606, which may allow you to file without paying the fee, provided the judge approves it.
A Virginia court has literally judged you not fit to have custody of your children. Reversing that finding is a huge task. You cannot do it alone; you will need an excellent family lawyer by your side.
§ 20-124.1 then defines sole custody as a situation where only \u201cone person retains responsibility for the care and control of a child and has primary authority to make decisions concerning the child.\u201d Virginia Code § 20-124.2 and Virginia Code § 20-124.3 govern all custody and visitation findings in Virginia.
In Virginia, there are two types of custody: legal and physical. Legal custody is the right to make decisions for your children, including major decisions such as healthcare, education, and religious upbringing. Physical custody is where the children live.
Depending on your family situation, one of the following schedules may work for you: The 5-2 schedule or the 2-2-5-5 schedule where your child is with one parent for 5 days and the other parent for 2 days. The 2 weeks each schedule where your child alternates spending 2 weeks with each parent.

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Joint custody, where both parents have custody of all children involved, is preferred and is the most common arrangement, if conditions allow.
Full custody, or sole custody, is generally only awarded when one parent presents an overwhelming case in their favor, and it is in the best interest of the child. In addition to parents, anyone with a \u201clegitimate interest\u201d in the child may also file to get full custody in Virginia.
Joint custody, where both parents have custody of all children involved, is preferred and is the most common arrangement, if conditions allow.
Depending on your family situation, one of the following schedules may work for you: The 5-2 schedule or the 2-2-5-5 schedule where your child is with one parent for 5 days and the other parent for 2 days. The 2 weeks each schedule where your child alternates spending 2 weeks with each parent.
The maturity of each child, in addition to the bond between the child and each parent, are just as important as age. Our attorneys have seen 7 year olds handle a week on / week off schedule better than some 11 year old kids.

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