VIRGINIA CUSTODY LAWYER
If you are facing a situation like those described above, you need a Virginia custody lawyer who is going to make sure that your rights, and by extension your children’s rights, are protected.
read below how custody is determined by best interest of the child
What is the Difference between Physical and Legal Custody in Virginia?
Physical custody references the residence of the child.
Most often, one parent will have custody of the child a significant majority of the time. This parent has primary physical custody.
Depending on the fitness of the non-custodial parent, a wide range of visitation options may be available.
Though uncommon, there are circumstances where shared physical custody is in the child’s best interest.
Legal custody is the authority to make decisions for the child.
Decisions related to medical care, religious upbringing, education, and more are encompassed within legal custody.
If both parents are capable, cooperative, and willing to make decisions in the child’s best interests they’ll be allowed to do so.
While the court’s preference would be to grant joint legal custody, there are circumstances where one parent is granted the sole authority to make important decisions.
If one parent is deemed unfit or the court determines that the parents are unlikely to successfully co-parent, the parent with primary physical custody will be granted sole legal custody.
How will a Virginia Court make a Decision on Custody?
If you’ve been reading carefully above, you will have noticed the phrase “best interest of the child” was used repeatedly.
The “best interest of the child” standard is how a court will determine both where the child will reside and which parent will have the authority to make decisions for the child.
The court will consider a multitude of factors when ruling on legal and physical custody.
The residence of each parent, their work schedules, and their parenting history are taken into account.
A parent’s history of mental illness or drug/alcohol addiction is also considered.
An experienced attorney can help relay to the court the information you need to secure the best outcome for you and your child.
It is very important to hire an experienced Virginia custody lawyer. Please call us at (703)786-8340 for a free consultation.
