How do I prove that I have been the primary caregiver of my child?

In Virginia, a parent can prove that they have been the primary caregiver of their child by providing evidence to the court. Examples of evidence that can be presented to demonstrate primary caregiving include: 1. Providing proof of providing financial support for the child (such as tax returns, pay stubs, etc.). 2. Demonstrating the amount of time that the parent has spent caring for the child in comparison to the other parent. Legal documents such as visitation schedules can be helpful in demonstrating this. 3. Providing evidence of involvement in the child’s education or extra-curricular activities. 4. Showing proof of volunteering at a child’s school or activities. 5. Obtaining supporting documents from trusted individuals such as teachers, doctors, or family members who can attest to the amount of time and care that the parent has provided. In addition to offering evidence in court, parents who wish to prove that they have been the primary caregiver should be prepared to state why their relationship with the child is important. Specifically, parents should be able to make arguments about how they have provided support and care to the child in ways that the other parent has not. Courts may also consider the child’s wishes when determining which parent should have primary custody when the child is old enough to make those decisions.

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