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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23442
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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How do I begin the process of getting custody of my son?

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How do I begin the process of getting custody of my son?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. Where is the child now? I presume with the other parent and they reside in the same State?
Customer: replied 3 years ago.

He's currently living with the other parents mother. But yes, they reside in the same state.

Thank you for the additional information. Typically, a court would rather order custody of a child to a parent, rather then a grandparent, aunt/uncle or a third party. As such, if the mother is deciding to not care for the child, you certainly can try and obtain custody. A Virginia family court will determine child custody and visitation based on the best interests of the child.

Factors included in determining a child's best interests are:

The age, physical, and mental condition of the child
The age, physical, and mental condition of each parent
Any history of family abuse
The child's wishes, if the child is of a sufficient age and understanding to express a preference (generally age 12 or older)
The role each parent plays in the child's upbringing
The child's needs, including the child's relationship with his/her parents, siblings, and extended family members
Each parent's willingness to foster a close relationship between the child and the other parent
Additional important factors determined by the court

The burden would be on you, as the moving party, to show it is in the best interest of the child to live with you, rather then the grandmother. The clerk of court in the county where the child resides should have the necessary forms for you to fill out and file to start the process. You want to gather evidence to support your position and show you can properly care for the child.

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Customer: replied 3 years ago.

Your information is helpful, I was just asking because the mother has recently gotten herself into some trouble with the law. And hasn't been around him that often within the last few months, I'm currently paying the mother child support while our son has been residing at his grandmothers house. I've been looking into all of this here recently, and want to gain custody of my son because it's what's right for him.

Yes, the fact that the mother is having problems with the law and is not around, is certainly a basis alone for custody.
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