Virginia Child Custody Attorneys Dedicated To Protecting The Parent-Child Relationship

For obvious reasons, child custody disputes tend to be among the most stressful aspects of any divorce. When it comes to protecting your relationship with your children, the lawyer you hire really matters. That’s why you should contact Walker Jones, PC.

With decades of legal experience, our family law attorneys give you and your case the attention, skill and passionate advocacy you deserve. Working with our child custody lawyers can provide valuable peace of mind that your case is in good hands.

Two Types Of Child Custody And How They Can Be Allocated

Virginia courts recognize two types of child custody: Legal and physical. Legal custody is the right and responsibility of each parent to make important decisions on behalf of their children (related to health care, education, religion and other matters). Physical custody is deciding which parent the child will live with primarily.

A court can award primary physical custody to one party and visitation rights to the other party. Alternatively, it can award shared custody to both parties. Contrary to popular belief, shared custody is not just a 50/50 split of time. Shared custody can encompass any other plan over the “standard” schedule of every other weekend and one dinner visit during the week.

It is now very common for both parents to work outside the home and for children to be involved in many activities beyond school. Therefore, courts are increasingly thinking outside the box and ordering customized parenting plans that best align with the complex schedules of both parents and children.

How Is Child Custody Determined In Virginia?

Parties are encouraged to determine the parenting plan that is in their child’s best interest. If the parties are unable to do so then the court will utilize the factors in Virginia Code section 20-124.3 to determine what is in the child’s best interest. These factors include:

• The child’s age and needs
• The ability of each parent to provide a nurturing environment and meet their child’s needs
• The child’s relationship with each parent and how it might be impacted by a given custody schedule following divorce proceedings
• The child’s adjustment to school, community and daily life in a parent’s home
• The mental and physical health of each parent, including any evidence of substance abuse or domestic violence
• The child’s wishes, when they are old and mature enough to state an informed preference

In Virginia, the court takes into consideration the child’s preference when determining custody arrangements. However, there is no specific age set by law at which a child can unilaterally decide which parent to live with. The court typically considers the child’s age, maturity and ability to make an informed decision.

It’s essential to understand that while a child’s preference can be a factor, it is not the sole determining factor in custody decisions. If a child expresses a clear and well-reasoned preference, the court may take this into account, especially if the child is older and demonstrates the capacity to make such decisions. However, the court will also consider the factors listed above.

Count On Highly Skilled Representation In Litigated Custody Disputes

For the sake of all involved – especially the children – custody disputes should be resolved outside the courtroom whenever possible. Unfortunately, however, litigation is sometimes unavoidable.

Custody disputes can become complex litigation cases, particularly when:

• One parent wants or needs to relocate with the kids
• One or both parties have made abuse or neglect allegations
• Grandparents or other third parties (parties with a legitimate interest in the child) seek custody and visitation rights.

Complex custody and visitation cases are fact-based and center largely around the corroborating testimony of professionals and the two parties. In certain cases, it is necessary for the children to provide testimony, either directly or through a court-appointed professional known as a guardian ad litem, whose job is to represent their interests in family law proceedings.

Our attorneys have decades of legal experience and an in-depth understanding of Virginia statutes and court procedures. Additionally, they maintain strong working relationships with judges and other court professionals involved in family law cases. Our lawyers will be tireless advocates for you and your children, both in initial custody proceedings or when petitioning to modify an existing order.

Talk To Attorneys Who Listen And Care – Reach Out Today

To schedule your initial consultation, contact our offices in Warrenton and Washington by calling 540-595-3657. You can also contact us online. We serve clients throughout Virginia.

Meet Our Virginia Family Law Attorneys

Amy E. Totten

Allison E. Coppage

Walker Jones, PC, serves clients throughout Virginia, including Fauquier, Rappahannock, Culpeper, Loudoun, Prince William, Fairfax, Arlington, Alexandria, Warren, Winchester, Frederick, Clarke, Stafford, Spotsylvania, Fredericksburg, Madison, Orange and Albemarle.