Child Custody Attorney in Virginia Beach

Virginia Child Custody Laws

Virginia child custody laws allow for joint legal and physical custody, as well as grandparent visitation rights. Before determining custody, the court often gives substantial weight to the child’s best interests.

How Is Child Custody Determined in Virginia?

Factors involved in determining a child’s best interests include, but are not limited to the following:

• The age, physical, and mental condition of the child
• The age, physical, and mental condition of each parent
• The child’s wishes, if he or she is of a sufficient age (generally age 12 or older)
• The child’s needs, such as the relationship he or she has with his or her parents, siblings, and extended family members
• The role each parent plays in the child’s upbringing
• Any history of family abuse or violence
• The financial standing of each parent
• Each parent’s willingness to foster a close relationship between the child and the other parent

Understanding each factor in Virginia’s custody considerations is vital for building a strong case. The courts consider the child's physical and emotional environment, favoring solutions that provide stability and a nurturing atmosphere. Judges in Virginia also look closely at each parent’s ability to prioritize their child’s education, health, and social needs, ensuring these arrangements fit the unique lifestyle of families within the Virginia Beach area. As a coastal city with many military families, this can be a critical factor, adding layers of complexity to custody decisions.

Because changes in Virginia Beach demographics influence child custody proceedings, being informed by a local attorney strengthens your case. For example, the city’s support infrastructure, like Virginia Beach Public Schools and family services, plays roles in determining the best interest of the child. These community connections and resources are often leveraged effectively by knowledgeable attorneys in resolving disputes efficiently.

Types of Custody in Virginia

Several different types of child custody are recognized in Virginia. The most commonly awarded form is joint custody, followed by primary custody.

Joint Custody

• Joint legal custody: This is when both parents share in making decisions affecting their child’s life, such as education, medical care, and religious upbringing.
• Joint physical custody: In this arrangement, a child lives with each parent for a significant period. When no court order is in place, both parents have equal physical rights to their child, regardless of marital status.

Sole Custody

• Sole custody: Granted by the court, this allows you to have both legal and physical custody, making you the sole caretaker with the power to make all major decisions about your child’s life. However, unless an ex-spouse has been abusive, convicted of a felony, or is otherwise unfit, they will likely retain visitation rights.
• Sole custody with visitation: The child lives with the custodial parent and has visitation with the noncustodial parent.

Other Types of Custody

• Split custody: Occurs when there are multiple children who do not live in the same place. For instance, one parent could have full custody of one child, and the other parent would have full custody of another child.
• Temporary custody: Established when a child’s parents separate to settle the state of child custody. It provides a formal visitation and custody arrangement based on the child’s best interest, but it is not the final custody arrangement decided by the courts.
• Emergency custody: Ordered when a child is at risk of being harmed by a parent or guardian. Those with legitimate interests, like family members, can apply for an emergency custody order through the Virginia Beach Family Law Courts.

How Mediation Can Aid Child Custody Cases in Virginia Beach

Mediation serves as an effective tool for resolving child custody disputes in Virginia Beach. By choosing mediation, both parents participate in a structured discussion facilitated by a neutral third party to negotiate custody arrangements. This approach is particularly beneficial as it prioritizes the child’s needs, helping parents collaboratively develop a parenting plan that supports the child’s best interests.

In Virginia Beach, courts often encourage mediation as it can streamline the legal process, reduce costs, and promote amicable resolutions. Achieving agreements through mediation can prevent lengthy court battles and foster healthier co-parenting relationships. The Law Offices of Daniel J. Miller supports this process by offering guidance on benefits and potential outcomes, capitalizing on our extensive experience in family law to ensure the agreements made are fair, sustainable, and enforceable.

How to Get Sole Child Custody in Virginia

Recall that there are two types of custody in the state: legal and physical. Legal custody refers to decision-making authority. A legal custodian, for instance, has the final say on healthcare and educational matters. Physical custody refers to having actual possession of the child. The two forms of custody can be mixed and matched in several ways. One parent could have sole physical custody but share legal custody, and so forth. When you want sole custody of your child, you must be clear about what that means. Do you want sole authority on important decisions, sole physical custody, or both?

Receiving any form of sole custody is difficult, especially sole physical custody. Even parents deemed “unfit” can receive supervised visits. Unfit parents are abusive, neglectful, or otherwise dangerous to the children. The state can work with such parents, giving them counsel and action plans to improve their parenting skills. When an unfit parent expresses a genuine desire to improve, they will probably still have legally sanctioned time with the kids. The state doesn’t like to completely break up families if it can avoid doing so.

There are, however, outside circumstances that could make sole legal custody possible.

Reasons you could receive sole legal custody:

• Complete Communication Breakdown: If you find it impossible to work with your ex, sole legal custody may be your only option. When two people can’t agree, it’s unrealistic to assume they’ll come to terms on important decisions that directly affect the child.
• The Other Parent’s Behavior: Parents have a legal obligation to follow custody plans. This is true regardless of whether custody was court-ordered or agreed upon by the parents. Either way, the plan was sent to, verified by, and officialized by the court. It is a binding contract. If one parent is restricting another’s access to the kids, they could lose custody privileges, including legal custody. This is also true when a parent is guilty of parental alienation. This is a spiteful practice where one parent turns the kids against the other. Guilty parties could lose custody privileges, particularly for legal custody. Alienation is another form of communication breakdown, only it occurs between the parents and children, not between the adults.
• Abuse: Any genuine instances of abuse can result in a loss of either form of custody.