The court will consider what is in the best interest of the child in accordance with Virginia law and make its determination based on the evidence presented in Court. That being said, you should hire an attorney or at least consult with an attorney about assisting you in putting on your evidence properly and presenting your case as those things can be very challenging for someone that has never done it before. Further, your failure to properly present your case could result in an unfavorable outcome. The stakes are high, consult with an attorney.
This is not legal advice, this is a general response that is only intended to be an analysis of the question and facts you have presented. This response does not create an attorney-client relationship, I am not your attorney. You must hire me and we must agree in writing to the representation to form an attorney-client relationship. I am only licensed to practice law in Virginia.
Virginia Code Section 20-124.3 provides the statutory framework for resolution of custody /visitation matter. If there is a custody order in place, the father must show a material change in circumstances ,since entry of the last order. that is in the best interest of the child. If there is no custody order, he must establish that it is in the best interest of the child to be in his custody. Custody cases are complex. The court will listen to the testimony, review all relevant evidence, and make a decision based upon the above statute and the facts of your case. Due to the serious nature of the issue involved, you need to hire an experienced family lawyer to protect your rights. Best of luck~
This response is only intended for informational purposes and is not intended as legal advice or as a substitute for hiring an attorney in your state. Further, by sharing this information, it is in no way intended to establish an attorney client relationship with the reader.
The court looks to the best interest of the child in custody cases. The law presumes that joint legal custody is in the best interest of the child. Joint legal custody means that both parents make decisions about the child. It does not mean they both have the child an equal amount of time. The father is likely to get joint legal custody with visitation privileges on the weekends. He may have is visitation supervised if he has harmed the child or the court believes he might harm the child, but the fact that he has made threats will not prevent him from having visitation.
Every situation is different and you should consult your own attorney to go over all the particular facts in your case. The answer given is only intended to provide general guidance regarding rights and responsibilities.
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