Legal Question in Family Law in Virginia
Custody of 1 year old
Father and 1-year old son are both U.S. citizen, mother is on a work visa. Can dad get sole custody of the child on the basis that he can provide a stable, permanent home in U.S. whereas mother is on a visa and may take the child back to home country (and thus deprive him growing up in U.S.)? Can the parents work out the divorce terms (mutual consent) and file with court, obtain divorce first AND then work on child custody separately in case custody issues turn bitter? Or should custody be decided at the same time divorce is being filed? What are the chances of dad obtaining custody in this case?
1 Answer from Attorneys
Re: Custody of 1 year old
There 's really no way to predict the outcome of this particular situation.
The court will likely endeavor not to
deliberately disfavor the mother due to her immigration status but still will ultimately have to ground its custody decision based upon what it perceives to be in the best interests of the child (which could lie with the father).
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