VIRGINIA CHILD CUSTODY LAWYER

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read below important information about child custody:

Child Custody As Explained By A Virginia Lawyer?

Here’s the deal. There are two elements to child custody.

• Legal Custody
• Physical Custody

Legal Custody is the authority to make legal decisions for your child.

Legal decisions may include, among other things, decisions regarding education and medical care.

Physical custody determines in whose home the child resides.

A parent who has “primary physical custody” is the parent with whom the child resides the majority of the time.

This parent is also called the custodial parent.

A parent who has primary physical custody in Virginia will always also have legal custody of the child.

The non-custodial parent, or the parent with whom the child does not primarily reside, often also enjoys “joint legal custody” of the child, but this will depend on the facts of each individual case.

After a judge issues a child custody order, the parties may reach an agreement on visitation or ask the court to order a visitation schedule.

The court will order visitation between those parties when they are unable to reach an agreement on their own.

Custody and visitation of a child in Virginia are based on the “best interest of the child” standard.

This article will focus on physical custody since it is the most common dispute.

How Is Child Custody Determined in Virginia?

Child custody cases may start in either the Juvenile and Domestic Relations Court or in the Circuit Court depending on the facts of your case.

Work with a child custody lawyer in Virginia in order to decide in which court your case will be heard.

As mentioned, the most common dispute between the parties is physical custody.

The court’s decision as to which parent should get the primary physical custody and how parents should share parenting time depends on multiple factors.

The growth and the development of the children depend on the amount of care and stability they get during their childhood.

This is why physical custody of minor children is the most important part of any domestic dispute.

What Are Some of The Factors To Determine Your Fitness As a Parent For Child Custody in Virginia?

A parent’s interest in the child’s life is not the sole factor in determining child custody in Virginia.

The act of taking care of a child is more important than the intent.

To determine which parent is the best fit, the court will consider multiple factors always through the lens of the “best interest of the child.”

In order to show the judge that you are the better fit parent to have primary physical custody, it is important that you show a history of active involvement in your children’s lives.

How Does A Parent’s Relationship With Their Child Impact Child Custody?

A parent’s relationship with the child is one of the most important factors when determining physical custody.

A parent-child relationship that creates a positive and productive environment is the main goal.

Making sure that your child goes to school on time, maintains good health, and being active in their extracurricular activities may help your child custody case.

The court may decide who is a better fit to receive primary physical custody of the child by deciding not only the capability of each parent but who is most active.

A parent must provide more than the financial obligations to the child.

The responsibility of the parent also includes supporting the child’s physical, emotional, and intellectual needs.

How Does The Mental And Physical Condition Of The Parent Affect Child Custody?

In Virginia, the best interest of the child requires the court to determine which parent is physically and mentally fit and capable to take care of the child’s needs.

It is critical to place the child in a positive environment.

The home of the custodial parent should be stable and attentive to the child’s developmental needs.

The mental and physical conditions of the parent affect the level of involvement of this parent in his or her children’s lives. Being an active role model for the child and in the community may influence the child’s behavior.

Some of these needs include taking them to school on time, providing emotional support, scheduling medical appointments, etc.

Why is this important? The type of environment and behavior a child observes and lives in at a young age will affect them for the rest of his life.

When determining child custody in Virginia, a parent may be awarded primary physical custody when this parent can show that he or she is a positive influence in the child’s life.

How Does Alcohol and Illegal Drug Use Affect My Child Custody Case?

A parent is a role model for the child.

Presenting yourself in the best light to the judge will have a strong impression.

A parent who drinks an excessive amount of alcohol may expose their child to an environment that may negatively impact the child’s life.

It is not ideal to award primary physical custody to a person who has the potential to expose the child to these habits.

Not only is the exposure of these habits detrimental, the actions of a parent who excessively drinks or abuses alcohol may place the child in danger.

The court is unlikely to order primary physical custody to a parent who places them in harmful situations.

To ensure the best outcome in your child custody in Virginia’s case, make an active effort to show how you would be a positive influence in your child’s life.

Be sure to reach out to a family law attorney for advice on how alcohol impacts your child custody case.

Does The Preference Of The Child Matter When Determining Child Custody In Virginia?

The separation of parents is a very stressful time for both parents and children.

If a child is mature enough and mentally capable to make a decision, then they may express a preference.

Children may contribute to this proceeding and can make a difference in the Court’s decision. However, judges are not bound by the children’s preference and they are reluctant to involve children in these proceedings.

The judge weighs the child’s preference against their age and mental capacity when considering the totality of circumstances.

Decisions on child custody in Virginia determine what is in the best interest of the child. Due to the immense stress of a child custody case, a judge will prefer to keep children out of trial proceedings.

Only in certain circumstances does a judge request the testimony of a child in court.

As always, child custody decisions in Virginia are based on the best interest of the child. Consult with a Virginia custody and divorce lawyer to get advice on how this works.

Does Adultery Affect Child Custody Arrangements in Virginia?

Adultery is the act of being unfaithful to your spouse during the marriage. Exposing the child to a knowledge of a parent’s affair may harm the child’s mental state which, in turn, may impact the custody determination.

Even though committing adultery itself may not impact your child custody case, the judge will evaluate the totality of the circumstances in making a custody decision.

It is inevitable that adultery will impact your living situation. A judge will consider your living arrangements as a factor in determining primary physical custody.

Living primarily with the parent who has a paramour living with him in the same house, will definitely impact the child’s life. As noted above, stability is vital when picking the right home for the child.

What Do Child Protective Services Have To Do With Child Support in Virginia?

Child Protective Services or CPS is an agency of the Commonwealth of Virginia whose purpose is to protect children and defend them against any abuse.  

If CPS suspects child abuse, they will do an extensive investigation to determine if the child is in any danger.

The investigations include, but are not limited to, interviews with the parents and the child, home visits, and even discussions with the child’s teachers.

After completing its investigations, CPS prepares a report, and depending on their findings, they either file the report in court or close the case.  

Judges take a finding of abuse very seriously and they based their decisions accordingly. Child abuse may include:

• Child Neglect
• Physical or Mental Harm
• Sexual Abuse
• Verbal Abuse
• Emotional Trauma

If you have any incidents on record with CPS with your child, it is vital you seek advice from a child custody lawyer to guide you through the process of child custody in Virginia.

How Do Courts Handle Siblings in Child Custody in Virginia?

You might be wondering, what happens when deciding the custody arrangement of siblings? Judges decide these arrangements with a positive family dynamic in mind. Courts would prefer not to separate siblings in a child custody case.

The relationship between siblings is just as important as a child’s relationship with the parents.

Separating siblings may be detrimental to their ability to create lifelong relationships with each other.

Separation may also cause resentment to one or both of the parents by the child.

Consider the following: a couple has three children but only two of them want to live with the mother.

If the mother is given primary physical custody, it is unlikely the judge will want to separate all three of the children.

Only in exceptional situations where the child may be mentally, emotionally, or physically affected, will a judge consider separating the children.

How Does Shared Physical Child Custody in Virginia Affect Child Support?

Child support is the amount of money a parent is obligated to pay for the child’s maintenance.

Depending on the state, child support may be calculated differently due to different guidelines.

A number of factors determine child support such as a parent’s gross income, childcare costs, time spent with the child, the number of children, and the amount of time a parent spends with their child.

Shared custody is an arrangement where both parents see the child on a regular basis.

One of the factors for child support is how many days you spend with your child. In Virginia, if a child is spending at least ninety nights with their non-custodial parent, then the amount of child support will decrease.

Shared physical custody requires a child to spend a minimum of ninety days in their care.

The more than ninety days your child is in your physical care, the more you are taking care of their expenses.

The more you are handling their expenses, the less you need to pay the other parent.

What’s The Bottom Line on Virginia Child Custody Lawyer?

Child custody in Virginia is based on a number of factors.

Your ability to support the child’s needs and the willingness to do so are important in winning primary physical custody of your children.

Make sure to contact a child custody attorney to consider all of the facts of your case and advise you on the best option for you.