Child Custody, Visitation, and Child Support in Virginia
Custody, visitation (also referred to as parenting time), and child support in Virginia Beach, Norfolk, Chesapeake, and Portsmouth
If you are faced with the prospect of losing your child in a bitter custody battle, or if you need help establishing, enforcing, or modifying child support, you will want to have the right person by your side. Contact the Burroughs Law Office, P.C. (dba) Frugal Legal Services in Virginia Beach today to schedule an introductory consultation with a licensed family law attorney today.
Best Interests of the Child and Child Custody in Virginia
Judges consider many factors when determining who should receive custody of a child. These factors are intended to establish what is truly in the child's best interest. In some cases, it only takes one factor to tip the scales in favor of one parent over the other.
The factors that the judge should consider in deciding what is in the child's best interests include (see § 20-124.3 of the Virginia Code):
The age and physical and mental condition of the child and the child's developmental needs
The age and physical and mental condition of each parent
The relationship between each parent and the child, the parent's positive involvement, and the ability to assess and meet the child's needs
The child's needs, including meaningful relationships such as with brothers and sisters, grandparents, and other relatives
The role which each parent has played and will play in the upbringing and care of the child
Each parent's willingness to support the child's relationship with the other parent, their willingness and ability to maintain a close relationship with the child, and their ability to cooperate in matters affecting the child
The child's preference
Any history of abuse
Any other factors the judge feels it is necessary to consider
Other factors the judge may consider include where the children will reside, which parent will be in a better position to manage the daily affairs of the child, how siblings will be affected, and whether either parent is involved in a new relationship. Regarding child custody in Virginia, the courts lean toward joint physical custody, all things being equal. Whatever your situation may be, focus on what is best for your children.
Whether you are petitioning for custody or want the court to reconsider a decision based on new information, you should seek the advice of a competent lawyer in your area.
Parenting Time (Visitation) in Virginia
Believe it or not, the same best interests of the child standard are applied in cases involving child visitation in Virginia. To help determine a schedule of child visitation that makes sense for your children in cases where physical custody is something other than joint or shared, an excellent way to start is first to put yourself in the position of the noncustodial parent. What visitation do you believe would best serve your children if your spouse were to have sole physical custody? If your life permits, I am confident you would want something more than a day or weekend here or there. You'd like as much time with your children as possible, and your children would likely want that too.
Once you've thought through what type of visitation you'd want with your children, the next step is to reverse your roles. Why isn't what is good for you and your children good for the other parent? This is also a good way of dealing with long-distance parents. While this isn't foolproof, considering visitation from this perspective often helps parents focus on their children rather than themselves.
Sure, it's not ideal. You likely never saw yourself in this position, dealing with visitation this way. Let's be honest; if you're fighting over custody or visitation (parenting time), nothing else in your life will seem to be going well until this is sorted out. Every good parent feels this way. Focus on being the best parent for your children and encourage the children's other parents to do the same. Their future may very well depend on it. Our firm can help you resolve your terms as parents or provide competent legal representation in any legal dispute involving your children. Call (757) 363-0077 to speak with a Virginia Beach child custody visitation lawyer today!
Virginia Child Support
Attorney Lawren D. Burroughs negotiates, mediates, or litigates to achieve an appropriate result regarding child support payments. Whether you seek to establish, modify, or enforce child support payments, we will be there for you. We also help with issues of spousal support or alimony.
An honest assessment of your circumstances best serves you. We will let you know where you stand and what your rights are. To schedule an introductory consultation, call (757) 363-0077.
QUESTIONS CHILD CUSTODY LAWYERS ARE OFTEN ASKED
I am in a custody battle. Can you tell me how to win custody?
As a father, I wish there were a magic wand or at least some way to make things better without throwing a child into the arena of a bitter custody dispute. I see so many parents fighting over their children and so few fighting for them. If you're asking how to win child custody, I must start by ensuring you understand your question. The legal perspective on that question would focus only on the custody battle itself, with the endgame being to win child custody (usually sole custody). This may not be what is best for the child. Viewing this question from the child's perspective often yields something completely different. All things being equal, Virginia courts strongly encourage co-parenting in a shared custody arrangement whenever possible.
The reality for many parents amid a custody battle is that they aren't getting along. One parent is likely less suited to raise a child, lacking maturity and responsibility, possibly even unfit. Maybe it's just a game, and custody is a way of reducing child support. Perhaps it's an issue that still lingers from a divorce or breakup. One parent may be scorned and use the issue of child custody to get under the other parent's skin. Whatever the case, one or both parents has lost sight of what is best for the child. In these cases, it's the child that suffers.
If an agreement can be reached, then try that first. You must live with what happens, not the lawyer, guardian ad litem, or family court judge. If the other parent won't come to the table and do what is best for your child, prepare to battle it in court. In court, your case will be scrutinized by opposing counsel, a guardian ad litem, and a judge, all with different opinions and approaches to custody disputes. This is important to remember because the law is not black and white. The family law judge has a broad range of discretion and is tasked with reviewing the evidence presented and applying this information to a long list of factors in the Virginia Code. There's no magic wand, and it doesn't always turn out how it should. Ensure you hire the best attorney for your needs and work with them to achieve your objective.
My spouse and I are working on a child custody agreement. Can you tell me the difference between sole custody, legal custody, and joint physical custody?
Before describing the various custody arrangements in Virginia, it is essential to understand a couple of things first. Custody is comprised of two components: legal control and physical custody.
Sole Custody: This is the holy grail of custody in Virginia. I write this because so many people want this and don't understand what it means. With sole custody, only one parent is responsible for the care and control of the child and makes all decisions concerning the child. The non-custodial parent is not divested of their responsibility to support the child. That is only accomplished by terminating his parental rights (voluntary or otherwise) and the subsequent adoption by another. Courts are reluctant to grant sole legal custody to one parent unless it is demonstrated that the other parent is unfit. Most parents seeking sole custody ask for primary physical custody (sole physical custody).
Joint Legal Custody: Both parents share responsibility for the care and control of the child and make decisions concerning the child through the child's primary residence may be with only one parent. In this case, either parent may have primary physical custody (sole physical custody).
Shared Custody: Both parents share physical and custodial care of the child. Both parents make decisions concerning the child's well-being on a day-to-day basis. In this case, the child lives in two places and does not call either home to the exclusion of the other.
Why do child custody attorneys cost so much?
There are two reasons a child custody lawyer costs so much. The first may be that neither party is willing to do what is best for the child. Each may have their motives for making things contentious. Some want their day in court. In any event, that day in court costs a lot of money. The amount of work that goes into preparing for a custody battle is not often considered when emotions rule the roost. The second reason may have to do with the other parent. Maybe you are on board with settling things on your terms. That is, at least, something you can control. However, if the other parent isn't interested, this may not be your option.
The family law court process isn't the quickest, and that's by design to some extent. When balancing efficiency with cost and getting things right, the courts lean toward getting them right. Rushing through a process and denying parents access to the legal system only harms children. Making decisions based on only a fraction of the evidence doesn't help either. The family law courts want to ensure they have as much information as possible to help them make the best decisions in child custody and visitation cases. This means child custody lawyers and their clients have their work cut out. From the first consultation to the court's final disposition, family law attorneys get to know their clients, their children, and the opposing parties very well; they prepare for trial, leaving no stone unturned, and then battle it out in court. As you can guess, this takes a lot of time and can cost much money. And with something as important as your children's future, failure resulting from a lack of effort isn't an option.
Call us at (757) 363-0077 with questions or schedule a consultation with a licensed family law attorney today.