Are the mother’s child custody rights superior to the father’s?

The short answer is no. Under Virginia law, when deciding a child custody case in Virginia, the judge must base the child custody decision on factors such as gender. However, the relationship established between each parent and the child is given significant weight.

When one parent stays home with a young child, the court may take the bond established between the parent and the child into consideration when determining child custody. However, the court must consider all the child custody factors given due weight to each factor. Some factors may override others.

Obviously if the mother stays home to raise the child, all other things being equal, the mother would have the upper hand in a Virginia child custody dispute. However, if the mother does not support the relationship of the children with the father (or vice versa), this factor may override any advantage created by the “stay at home� Parent advantage.

Similarly, if a parent has a history of illegal drug use, chemical or alcohol ... more.

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