Legal Question in Family Law in Virginia

Re: What factors prevent one parent from getting physical custody

Physical custody.

God creates children with two parents who have total custody of that child. A court case about custody isn't about giving it to someone, it's about taking it away from someone who already has it.

Physical custody is like 51% of the vote. Two people must coparent but someone has to have the tie breaking vote.

As an original petition a custody motion has to be filed in the jurisdiction where the child has lived for at least six months. Any parent or interested party may file. The court can entertain numerous petitions at once. It is a good idea for both parents to have motions before the Court to preserve the issue should one party withdraw their motion.

Custody in Virginia has to do with what is in the best interests of the child. Physical location and facilities are one factor. Who has been the "phsychological" parent? Who is the child more comfortable with? As long as a parent is qualified (has the skills, the mental and physical requirements to care for another) is worthy (isn't a junkiie, prostitute or a psycho) and is available, the courts will consider your petition. Get a lawyer.

Good luck.