Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.
- I am a licensed attorney with family law experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. I am sorry for your circumstances, and I hope that everything gets resolved appropriately for you in this matter.
- "can someone on indefinate probation have full custody of child" The answer is "Yes". Nothing in Virginia law prohibits it per se. I have listed the statutory factors governing child custody (below) for your reference.
- "Can we order an psychological evaluation to be done or asked for any mental health records if any to be disclosed for court purposes because something is very troubling about this man." The answer is also "Yes", although only the Court has the authority to do so.
- I would be glad to interact with you further on this topic even after you click "accept" to process my answer. I will be signing off for the night soon, but I will be sure to check back for any updated posts from you when I return to this online forum again tomorrow.
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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.
Virginia Code § 20-124.3 Best Interests of the Child
In determining best interests of a child for purposes of determining custody or visitation arrangements including any pendente lite orders pursuant to § 20-103, the court shall consider the following:
1. The age and physical and mental condition of the child, giving due consideration to the child's changing developmental needs;
2. The age and physical and mental condition of each parent;
3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child's life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child;
4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members;
5. The role which each parent has played and will play in the future, in the upbringing and care of the child;
6. The propensity of each parent to actively support the child's contact and relationship with the other parent, the relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in matters affecting the child;
7. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;
8. Any history of family abuse as that term is defined in § 16.1-228; and
9. Such other factors as the court deems necessary and proper to the determination.