Can a child choose which parent to live with in Virginia?

Can a child choose which parent to live with in Virginia?

The fact is, under Virginia child custody law, there is no magic age at which the child gets to make the decision as to which parent will have custody of him or her. In fact, the child does not make the decision on his or her own custody at any age under Virginia child custody law.

How do I divorce my incarcerated spouse in Virginia?

Under Virginia law, you can seek an immediate divorce if you can establish (1) your spouse has been convicted of a felony; (2) They were sentenced to confinement for more than one year, and; (3) You have not cohabited with them after finding out about the conviction.

Can dating during divorce affect custody?

If you date during your divorce, especially if that dating has an adverse impact on children, you may have harmed your position with the judge. If you live with someone during the divorce, the court can consider that as a factor in the property division.

What constitutes cohabitation in Virginia?

The Court stated that to cohabit requires living together in the same house as married persons live together, or in the manner of husband and wife. The Court found that Brennan and Baker lived together for years and saw their arrangement as permanent or indefinite.

How long is common law marriage in Virginia?

There is NO common law marriage in Virginia. The theory there, which I assume you already know, is that, if you and your partner have lived together long enough (usually somewhere in the neighborhood of seven to ten years), the law will eventually deem you married just by virtue of your continued cohabitation.