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 deal for everyone involved.
For child custody concerns in Chesapeake, trust The Law Offices of Daniel J. Miller. You can call us now at (757) 267-4949.
How Is Child Custody Determined in Virginia?
Courts always operate in the child’s best interests. It considers several factors when making a custody decision. Any part of your life, no matter how small, can affect a court’s custody rulings.
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
Joint Custody 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.
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 in Virginia
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 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.
Abuse Allegations and Child Custody
Accusations of abuse can affect child custody decisions. The 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 they must be addressed. If you are the victim of domestic violence, our firm can help gather the necessary evidence to help prove your claim. Your safety and the safety of your children are our top priorities, and we will work hard to make sure the court reaches an appropriate custody decision.
Alternatively, you may be the victim of false abuse allegations. Divorce is a hard time, and it 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.
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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I was very nervous when I had to go to court over a traffic accident I was recently involved in. Dan put me at ease almost immediately with his knowledge and tenacity. By the time Dan was finished questioning the other people involved in the accident I did not even have to testify (which was the major source of my nervousness). My innocence was clear to everyone in the room, thanks to Dan. Would definitely use him again and recommend him to others. Aside from his performance during the hearing he was very easy to contact and always kept appointments with me. He also answered all of my questions patiently and with understanding.- Client
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Mr. James Weaver and his team are true professionals. From the start, he was honest and straightforward. He always stayed positive with me and kept me calm when I thought everything was going horrible. Mr. Weaver got me the best outcome possible in my situation. I highly recommend him to anyone looking for a great lawyer.- S. Bohrer
I hired Mr. Weaver for my family law issues. -
- 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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- M. War
Unfortunately I have had to use The most professional courteous reliable and hard working Law Offices of Daniel J Miller. Upon the arrival at the start of my case to the departure at the end of my case, Mr. Miller and Mr. Weaver from the start of consultation knew what I was up against and delivered more than I expected from any lawyer in Virginia to do for me. I had an on going custody battle and now have my son full time and out of harm's way. I am extremely pleased with the services I was provided. I HIGHLY recommend this firm if you want the best possible outcome for your case.
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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
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.