Legal Question in Family Law in Virginia

Re: Child Custody

Any person(s) petitioning for custody of a child must bear the burden of proof on the issue of what is in the best interests of the child. So, it is considerably more than just proving that you are fit custodians.

As far as how to go about proving that, hiring an attorney early in the case would be the best place to start.

Re: Child Custody

First, has your mother received a court order granting her custody of your cousin? I take it that your cousin is your mother's niece or nephew? This is important.

If you have any more questions please call my Fairfax office at 703-598-9220 or my Chevy Chase office at 301-652-0663.

In custody cases the court seeks to determine what is in the best interest of the child. It considers several factors to determine the best interest. These include: the age and mental condition of the child; the age and physical and mental condition of the party seeking custody as well as the party with current custody; the relationship the child has with both you and your mother; the needs of the child; the role each person has played in the life of the child; the preference of the child if the court deems the child to be of reasonable intelligence, maturity, etc. The court also looks to any history of family abuse and any other factor it deems just and appropriate.