Who has the right to make decisions about a child’s welfare?

In Virginia, both parents usually have the right to make decisions about a child’s welfare after they’ve separated. When the parents cannot agree on a decision, a court is required to make the decisions for them. In making these decisions, the court considers the best interests of the child. When making decisions about a child’s welfare, Virginia courts consider the parents’ wishes, the child’s preference, the child’s physical and mental health, the current relationship between the child and parent, and any other relevant factors. When deciding child custody, Virginia takes joint legal custody into consideration. With this option, both parents share the decision making ability, even if one parent has primary physical custody. In cases of joint legal custody, both parents are expected to cooperate and communicate with each other to reach decisions about the child’s best interests. When parents are unable to make decisions on their own, Virginia court orders can require the parties to participate in mediation or family counseling. These services offer a non-adversarial environment to reach an agreement and help the parties to understand their legal options. Ultimately, the courts are always looking out for the best interests of the child and take into account both parent’s opinions when making decisions about custody and other child welfare matters.

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