Virginia Child Custody and Child Visitation

virginia divorce child custody Often times child custody and visitation issues are the most difficult because of the extreme emotional ties we have with our children. Normally in a custody battle you have two good parents that both love their children and do not want to have the time they share diminished. Unfortunately, Judges will set up an arrangement where one parent has the child during the week and two weekends, only allowing the non-custodial parent every other weekend visitation. This is the reason why these are often the most emotional of all divorce issues.

There are several different ways custody can be established. Custody can be set up several different ways, including, (1) Joint legal and physical; (2) Joint legal with physical to one parent; (3) Shared custody. Visitation can be set up numerous different ways, but a typical way to set up custody would be every other week end to the non-custodial parent with additional time during the summer and/or holidays such as Thanksgiving and Christmas.

Our attorneys have the training and experience to counsel you in which custody option best fits your unique situation. We can offer you options including negotiating a settlement, preparing for trail and ultimately going to trial and litigating. We understand that you want the best for your children and we will fight hard to make sure your concerns are addressed with the Court.

HOW IS THE CUSTODY OF CHILDREN DECIDED?

The Court looks to the best interests of the children. Each case is different. The factors the Court considers are each parent's ability to:

a. Care for the child, (as evidenced by who has been the primary caretaker in the past and his/her ability to be the primary caretaker in the present and future);

b. Control and direct the child, and use good judgment when making decisions affecting the child;

c. The home environment and, occasionally,

d. The child's wishes if the child is mature enough to make a decision.

Custody may be given to a third party, and custody may be changed if the conditions of either party or the child change and if a change of custody is in the best interest of the child.

The parent who does not have custody usually has visitation rights, which will be set by the court if the parents cannot agree on a satisfactory visitation schedule.

Virginia Child Custody and Visitation Rights
Family Law Attorneys for Hampton, Newport News, Virginia Beach, Norfolk, Chesapeake,
Williamsburg, Suffolk, Smithfield and all of Hampton Roads