CHILD CUSTODY LAWYERS IN VA

When making a determination on physical custody, the court will decide which parent with whom the minor children will primarily reside.

Below are more details to help you understand child custody in Virginia which will help you pick the best child custody attorney for your case.

1-How does Age, Physical and Mental Condition of The Children Affect Virginia Child Custody Determination?

For very young children, bonding with their parents at an early stage is very important.

A parent’s ability to provide nutritious meals care for the child’s basic hygienic needs, and the availability of age-appropriate education and entertainment are important factors in deciding which parent is best suited to care for the minor child.

You can contact our child custody attorney to ask questions regarding your child custody case.

For older children, parental involvement with school functions, homework, and extracurricular activities is extremely important when determining child custody.

If the minor child has special needs, we can help you demonstrate to the court why, under Virginia’s child custody laws, that you represent the best option for the minor child moving forward.

2-The Relationship Between Each Parent and Each of The Children

Here, the court looks at the relationship between the parent and the children, with special emphasis on the emotional, intellectual and physical fulfillment of the children’s needs by the parent.

The following are examples of what the Court will take into account when examining the relationship between the parents and the children:

• Taking children to the doctor.
• Helping children with homework.
• Put the children to bed each evening.
• Disciplining the children.
• Taking the children to sports activities or dancing.
• Proving clothing and food for the kids.
• Provide emotional support to children.

Our child custody Lawyers in Virginia will provide guidance on how to present your case including the best witnesses to demonstrate your positive relationship with your child.

3-Does the Age, Physical and Mental Condition of Each Parent affect Virginia Child Custody Cases?

In child custody cases in Virginia, the Court will consider the age, physical condition, and mental health condition of the parents; in order to determine what is in the child’s best interests.

When considering your age or physical condition; the court will be looking for evidence that you are physically capable of providing the necessary level of care to the minor child.

With regard to a parent’s mental health, the court seeks to guarantee that the child is not being put in any danger and that each parent is mentally equipped to manage the myriad responsibilities of caring for a child.

Remember to share any history of physical or mental illness with your family law attorney, including your prescribed medications.

4-How Important is Children’s Need To Maintain Social Interactions With Family & Friends?

Children should be able to maintain and interact with family and friends.

Where possible, parents are expected to support and encourage their children to develop strong family ties, both with the other parent and with the child’s extended family.

This obligation can become a focal point of the case if one parent seeks to relocate with the child.

Virginia’s Child Custody laws recognize that often the “best interests of the child” require that the custodial parent resides in proximity to the non-custodial parent so the child may benefit from that relationship.

If you or your child’s other parent intends to relocate, our Child Custody attorneys can help guide you through the process and help ensure that your child’s best interests are considered.

5-How Important Is The Parent’s Past and Future Upbringing and Care of The Child?

In the past, traditional gender roles dictated that mothers acted as the primary caregivers for minor children.

At the American Lawyers Group, we see that the trend of automatically granting the mother primary physical custody is on the decline.

As more and more families function as dual-income households, fathers have steadily taken on a greater role in child-rearing.

It has become increasingly important to demonstrate to the Child Custody Court each parent’s efforts to care for the children.

Steady participation in school functions: such as parent-teacher conferences and attending doctor’s appointments are examples of a parent’s dedication to providing the best possible care for their children.

Our Child Custody Attorneys can help show the Court that you have been active in your child’s life and what you intend to remain so.

6-What Impact Will a Parent’s Failure to Encourage the Minor Child to Develop a Relationship With the Other Parent Have on the Child Custody Determination?

Virginia Courts are looking for cooperation between the parents.

They are looking for evidence that each parent is willing to put the needs of the minor child above any disagreements the parents may have with one another.

Therefore, the ability of the parents to cooperate and communicate about the ever-changing needs of the minor child is of great importance, specifically with respect to Joint Legal Custody.

Demonstrating respect for the other parent while in the presence of the minor child is of great importance.

Additionally, Virginia Child Custody courts will examine whether a parent has denied the other reasonable access to the child, with respect to both visitation and telephone or electronic communication.

Be sure to discuss with your attorney your history of visitation and any suspicions that the other parent is attempting to harm your relationship with your child.

7-How Important is it For Custodial Parents to Maintain a Close Relationship With Children and Resolve Disputes?

Even though past performance is no guarantee of future results, the individual parent’s history of maintaining a relationship with the minor child; is of great importance to the Court when deciding the framework for the future relationship between the minor child and the parent.

When speaking with a Family Law attorney, remember to describe your relationship with the minor child and your perception of the child’s relationship with the other parent.
As was noted above, Virginia Child Custody Laws require that parents work together to amicably resolve any disputes when possible.

A good habit to develop is communicating with the other parent by text or electronic mail when possible.

Contact our Child Custody Lawyers in Virginia to review your child custody case and define a defense strategy.

These communications provide a record that the Court will examine when determining which parent is best-suited to caring for the minor children.

8-How Important Is The Child’s Preference In Child Custody Trials?

As they age, the preference of the minor child with regards to their living arrangement becomes more relevant.

There is no set age where the minor child’s preference becomes dispositive; the Court will determine the weight of the child’s preference based on the child’s understanding of the circumstances, intelligence, and emotional maturity.

However, a child’s preference is most often secondary to the overall fitness of the preferred parent.

For example, a child’s preference to reside with a parent who does not require daily school attendance or who fails to provide a safe home will often be overruled by the Court.

9-How Does a History of Family Abuse Affect Child Custody Trials in Virginia?

The safety of the child will always be of paramount importance when determining Child Custody.

Virginia’s Child Custody laws require that the Court consider any history of physical, verbal, or emotional abuse when making a decision.

In cases where child abuse has been alleged; the Court will often appoint a Guardian Ad Litem to specifically represent the needs of the minor children.

These Guardian Ad Litems provide an unbiased look into a household and make recommendations to the Court regarding custody and visitation.

10- Any Other Factors the Court Considers?

Virginia Courts have broad discretion when it comes to making a determination on Custody and Visitation.

Working with a Child Custody Attorney may help you identify other issues that the Court deems important.

In summary, the questions listed above are the most important factors in determining child custody as laid out in the Virginia Child Custody Laws.

Make sure to contact our Child Custody Lawyers in Virginia to review your child custody case.