Chesapeake Child Custody Attorney
Child custody is among the most stressful parts of any divorce. Understandably, people can go into a panic about how much time they will gain or lose with their children. Compromise becomes difficult, and custody concerns can cause parents to go to war in court.
Our firm is here to help with child custody decisions, no matter if you are the primary or secondary parent. We understand how delicate and frightening this matter is, and we will work with tenacity and compassion to help negotiate a fair arrangement for everyone involved.
For child custody concerns in Chesapeake, trust The Law Offices of Daniel J. Miller. You can reach out online or call us now at (757) 267-4949.
How Is Child Custody Determined in Virginia?
Courts always operate in the child’s best interests. They consider several factors when making a custody decision. Any part of your life, no matter how small, can affect a court’s custody rulings.
It is crucial for parents to understand that the court's determination is guided by the child’s overall well-being. In addition to the primary factors, judges might also consider the child’s educational stability, the availability of extended family support, and the history of parental involvement. Each factor is weighed carefully, with the ultimate goal of placing the child in an environment where they can thrive emotionally, physically, and cognitively.
Child custody considerations include:
- Parents’ finances
- The children’s wishes
- Parents’ job schedules
- The age of the children
- The condition of a parent’s housing
- The bond between the children and the parents
- A parent’s distance from the child’s school, extracurricular activities, other family members, etc.
- The fitness of the parent. This could include a parent’s health, their quality of parenting, mental health, and so on.
- And more
What are the Types of Custody Arrangements in Virginia?
The term “custody” refers to keeping the children for an extended period. During this time, the parent is in charge. They care for the child’s nourishment, health, hygiene, and so forth. Custody can be for long or short stretches. If you, for instance, have the children for only one weekend a month, you still technically have joint physical custody.
Joint custody arrangements are favored when they best serve the child's interests, emphasizing both the stability of and relationship with each parent. It is essential for parents to demonstrate their willingness to cooperate and communicate effectively for the setup to work smoothly.
Parents may also share legal custody. This form of custody is not about keeping the children overnight. It is about decision-making authority. You can have power over a child’s education and/or healthcare. Legal custody can be shared, or it may go to only one parent.
Child Visitation
Exactly as it sounds, visitation is time you are scheduled to spend with the children. You may be able to be alone with them, but you will be expected to return them at a designated time and place.
Visitation rights are vital in maintaining a meaningful relationship with the child. The law supports regular interaction to foster family bonds, and guidelines for visitation are typically established within custody arrangements. Challenges such as distance and schedules can be addressed through carefully crafted visitation plans, ensuring that the child's need for stability is respected.
Visitation can extend beyond the physical. You can also schedule electronic visitations such as phone calls, video chats, etc. Electronic visits are just as valid as physical ones. The other parent cannot block them, and if they do, they can face legal consequences.
What is the Impact of Abuse Allegations in a Child Custody Case?
Accusations of abuse can affect child custody decisions. Courts may assume that children aren’t safe around the alleged abuser, even when the accusations do not directly involve the children.
Domestic abuse accusations are serious and must be addressed. If you are the victim of domestic violence, our firm can help gather the necessary evidence to support your claim. Your safety and your children's safety are our top priorities, and we will work hard to ensure the court reaches an appropriate custody decision.
Alternatively, you may be the victim of false abuse allegations. Divorce is a challenging time and can bring out the worst in people. Spouses sometimes use the children as a weapon to hurt one another, and our firm is here to help protect your reputation. We can investigate any claims of abuse against our clients and offer counterevidence to help debunk these accusations.
In situations involving abuse allegations, the court takes an investigative approach to determine the validity of claims. Both parents must be prepared to present documentation, witness statements, and other forms of proof. Our Chesapeake child custody attorneys are adept at navigating these sensitive situations, ensuring that our clients are represented effectively and with compassion.
Bypassing the Courtroom in a Child Custody Decision in Chesapeake
It is not always necessary to take your divorce concerns to the courtroom, even when they involve custody. You and your spouse are always free to make these decisions on your own.
Our firm can help facilitate mediation between parents. In this process, our attorneys can work for both parents, avoiding the need for a “win” or a “loss.” The goal is to work through all the details and create a custody agreement that benefits everyone. Remember, the child’s best interests are the most important aspect of any custody agreement. Mediation can help create compromise and provide peace of mind. It allows both parents to actively participate in creating a parenting plan.
Mediation offers a confidential setting where both parties can openly discuss their concerns and find mutual solutions. It empowers parents to be the key decision-makers in their family's future, rather than leaving those choices to a judge. Skilled mediators from our firm provide structured guidance, helping navigate emotional roadblocks to reach amicable agreements.
Alternative Dispute Resolution Strategies
Alternative dispute resolution (ADR) encompasses various methods beyond mediation to resolve custody conflicts, each designed to suit different family dynamics. Arbitration, for instance, involves a neutral third party who makes binding decisions, streamlining the resolution process. Collaborative law is another option where both parents work with their lawyers in a non-adversarial setting to reach agreements beneficial to all.
In Chesapeake, embracing ADR can be particularly advantageous given the region's diverse demographic. Through ADR, families can address cultural sensitivities and unique familial traditions in a supportive environment. ADR solutions are often less formal than court proceedings, allowing for a more personalized approach that respects individual family values while fostering lasting relational peace.
Taking the Next Step
Securing the right custody arrangement is crucial for the well-being of your child and the stability of your family. With the complexities of Virginia’s legal system, having a seasoned Chesapeake child custody attorney by your side makes a significant difference. Our firm is prepared to help you navigate every facet of the custody process—from initial filings and mediation to court hearings and, if necessary, appeals.
If you are facing a custody dispute or need guidance on modifying an existing order, our dedicated team is ready to assist you.
Our lawyers are here to help with all your child custody needs in Chesapeake. For a free consultation, you can reach our team online or call us at (757) 267-4949.
Read Our Client Testimonials
At The Law Offices of Daniel J. Miller, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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Mr. Miller and his team worked diligently on my case and I am forever truly greatly. It was a long process but with prayer and fasting, I had faith in Mr. Miller and his team to get the results that I prayed for. They were straight forward and very patient at the same time. My husband is the one who search for lawyers/attorneys and Mr. Miller was the first and only choice. I can't say enough how grateful I am for all your hard work and fight that you did behind the scenes. God bless you Mr. Miller and your whole team.- M. Sellers
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I hired Mr. Miller initially for a bond hearing . I decided to retain his services for the case itself . I was facing two felony charges as well as a failure to appear charge . While there were witnesses that were able to identify me, I walked out of Virginia Beach Courthouse with only a misdemeanor thanks to Mr. Miller's representation . I work in the healthcare profession and expressed to Mr. Miller the importance of avoiding a felony charge and he made it happen. I am forever grateful and will highly recommend him . Mr. Miller will always represent myself as well as family members if need be in the future . Again thank you Mr. Miller for using your knowledge to keep me from being a convicted felon and also saving my career.- C. Dickens
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- B. Baby
Call Dan Miller now - you need look no further for the best divorce attorney in Hampton Roads. Divorce is not an easy situation but it is even worse if you do not have good representation.
I was in the midst of a divorce and my case was with a firm that was not representing me fairly and not answering my questions. I was at a loss and dreaded going to court. Then a friend told me of Dan Miller. I wish I had found this firm in the beginning! From the first hour of turning my case over to this office I stopped worrying. I knew I had made the right choice and my case was in good hands. Dan Miller was professional, and he fought for me and I was very happy with the way he handled my case. I would highly recommend him to anyone!
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- R. Wiseman
Got a referral from a friend. "Call this guy I heard he's good." With much skepticism I called.
Dan did an excellent job for me. You will notice immediately he is smart, decisive, no nonsense and many more great qualities you want in a lawyer. It took very little time to see I just hired one of the best lawyers I've ever met.Professionally speaking, If you want somebody to tell you all the wonderful things that make you feel all fuzzy and warm its not Dan in my opinion.
However, if you want a highly intelligent, brutally honest, focused, driven lawyer that will shoot straight every time AND go the extra mile to make sure no rock is left unturned... Dan is the man!
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- T. Neilan
Excellent Attorney!
Daniel J. Miller is an absolute pleasure to speak with and conduct business with! Very intelligent, knowledgeable of the law, friendly, and professional! I was very pleased with the outcome of my case and will be hiring him for my future legal needs.
I highly recommend Daniel J. Miller for your legal issues and needs.Don't let cost be a detractant, you get what you pay for. And Premium Representation comes with a premium cost, but is well worth it!
A Track Record of Success
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Protective Order
Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.
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Pre Litigation Defense – Rape
Our client was the respondent of a protective order wherein the petitioner alleged that she was raped. She sought a two-year protective order and was seeking to have detectives assist in securing warrants against him. We suspect that the admissions made on cross-examination by the alleged victim at the hearing will prevent the Commonwealth from bringing any charges.
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Protective Order
Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.
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Driving Under the Influence 4th Offense– Bond Hearing
Our client was charged with fourth offense driving under the influence. Based upon his age and pre-existing health conditions, we were able to show that jail was an unsafe place. Our client was released on house arrest conditioned upon his wearing SCRAM bracelet which tracks his location and ensures that he does not consume alcohol.
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Violation of Protective Order – Appeal
Our client was under a protective order to have no hostile contact with his family. The Commonwealth alleged that based upon several text exchanges that he had threatened his teenage children. Without the assistance of counsel, he received 90 days of active incarceration in lower Court. On appeal we were able to reduce his confinement to 24 hours – time served.
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Breaking and Entering with Intent to Commit Misdemeanor
Our client was charged with breaking and entering with intent to commit a misdemeanor, but the Commonwealth agreed to dismiss the charge at the preliminary hearing stage against our client who suffered severe and debilitating mental illness.