Practice Areas

Custody & Visitation

“Who gets the kids?” is a question that can easily lead to costly litigation as well as emotional trauma for both parents and children. Because of this, cases involving contested child custody or visitation issues (i.e., where there is no custody agreement) require parents to attend a co-parenting seminar on the potential impacts of the separation before proceeding. Additionally, Virginia courts have outlined a series of guidelines to consider when determining custody and visitation, emphasizing the “best interests of the child.”

These factors include, but are not limited to, the following:

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

Types of Custody

Depending on either the terms of the custody agreement or the court’s evaluation of the above factors, custody of the child will fall under one of two types: “sole custody” and “joint custody.” Generally, joint custody is the more commonly awarded of the two.

In a joint custody arrangement, both parents assume responsibility for the physical, emotional, and moral development of the child. The parents also share decision making on important aspects of the child’s life. Joint custody arrangements can vary in the time that the child physically spends with a parent (“physical custody”) and important life decisions for the child (“legal custody”) depending on the best interests of the child.

Alternatively, in a sole custody arrangement, one parent (the “custodial parent”) is responsible for the physical, emotional, and moral development of the child. Sole custody is rarely awarded in Virginia custody cases and is generally limited to extreme cases where a joint arrangement would be harmful for the child.

Contrary to popular belief, Virginia does not prefer for mothers to obtain custody over the father. Virginia courts instead take a holistic approach to examining the best interests of the child when determining custody arrangements between parents. Our office can help with navigating this involved process and obtaining an arrangement that ensures your child’s safety and wellbeing.

Set up a consultation today to learn more.