Can I get temporary sole custody of my child?
In Virginia, it is possible to get temporary sole custody of your child if it is deemed to be in the child’s best interests. In such a situation, a court will determine if it is in the child’s best interests to temporarily reside with one parent and grant that parent sole custody. Typically, the court will require an emergency hearing to grant temporary custody to one parent. In determining whether or not to grant temporary sole custody, the court will consider factors such as the child’s age, the child’s relationship with each parent, any allegations of abuse or neglect, and the child’s preference (if they are old enough to make an informed decision). The court will also look at the stability of each parent’s home and their ability to care for the child in a safe and stable environment. The court will issue an order for temporary sole custody, which will list out the specific rights and responsibilities of each parent and set a timeline for the temporary custody arrangement. The order may dictate that the non-custodial parent still has a right to visitation and communication with the child. Additionally, the court may require the parties to attend mediation or cooperate with a social services agency to determine what is best for the child. In Virginia, temporary sole custody is not meant to last indefinitely and is generally only granted for a period of a few weeks or months. During this time, the court may suggest that the parents try to reach an agreement on custody and visitation rights that can be presented to the court for review and approval.
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