Q: My husband walked out on my son & I over a week ago. If he files for the divorce first, will he be able to take my son?
A: Matters of custody and visitation are decided upon the "best interest of the child" factors at Va. Code 20-124.3. Who files when has nothing to do with the outcome.
A: The timing of who files for divorce is not a comsideration in child custody matters. The court will decide issues of child custody and visitation based on the best intrests of the child. The Code of Virginia defines a number if factors to be considered when a judge decides on the best interests of the child, but when a person files is not one if those factors considered.
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