Legal Question in Family Law in Virginia
difference in custody arrangements B
I need to clarify my question, the arrangement is being requested to be made in writing and signed as an order before the judge. Before i agree to change the temp sole custody to a permanant arrangement with the extra overnight visitation i wanted to make sure that it did not change the sole custody status once it is made into an order. I don't want to give up sole custody not even for a split or shared custody. I know there is a certain amount of nights per year a child can stay with the absent parent and it changes the custody status -especially if it is an order- i just dont know how many nights that is. i was under the impression that it is 110 nights per year. we were trying to work out something to save court/lawyer expense and time but i want to know what i am getting myself into if it is going into writing before i agree and sign it and request the judge to sign it. So if this arrangement is agreed upon it will be in lieu of a final hearing in the upcoming months. it will be the permanant custody agreement from the date it's made into an order.
1 Answer from Attorneys
Re: difference in custody arrangements B
You may be thinking of Va. Code Sec. 20-108.2 G3(a)which refers to a situation in which the noncustodial parent has custody or visitation for 90 or more days in a given calendar year which creates a presumption of shared custody for purposes of calculating the share of child support which may be attributed to each parent in this particular situation.
I would suggest that if you have this kind of concern and no attorney to counsel you, that you wait for the final hearing and allow the court to enter its order in the matter, after you've had your opportunity to be heard in the matter.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
