Virginia Beach Child Custody Lawyers

Divorce is a challenging experience for the entire family, even when it proceeds smoothly. In Virginia, complications often arise when children and custody disputes become part of the legal process. If the couple has children, determining which parent gets custody and defining visitation rights under Virginia law becomes a critical aspect of the divorce. The Virginia Beach Circuit Court decides custody based on the child’s best interests.

Understanding the laws surrounding custody and visitation in Virginia can help you see how child custody lawyers in Virginia Beach can assist you and your family during the divorce process.

Understanding Visitation and Child Custody in Virginia

Under Virginia family law, the court may grant sole legal custody to one parent or joint legal custody to both parents. The primary considerations for awarding custody are based on various factors collectively referred to as the “best interest of the child.” Other factors include which parent or family member can provide better care and support and who can effectively guide and instruct the child. Custody arrangements are not permanent and can be altered if the court finds changes in the parents’ care, support, or situation post-divorce.

Some of the factors the court considers when determining custody and visitation in Virginia include:

• The age of the parent and child.
• The mental and physical condition of each parent and child.
• The relationship between each parent and child and the child’s needs.
• Each parent’s role in the child’s upbringing.
• The child’s home environment and, if appropriate, the child’s preference.

What Are the Different Types of Child Custody?

Virginia recognizes the following types of child custody:

• Temporary Custody: Temporary custody in Virginia Beach refers to who has custody of the child or children during the divorce process. This arrangement is established to formalize child custody before court litigation begins, primarily based on the child’s best interest. It is not the final legal decision but a temporary measure until the Virginia Beach family law court holds a custody hearing.
• Joint Custody – Legal, Physical, & Special: Joint custody is divided into three categories:
  • Joint Legal Custody: Both parents share legal responsibility and authority for the care and control of the child after a divorce. They share significant, though not necessarily equal, physical and custodial care. The child has one primary residence, either with the mother or father.
  • Shared Physical Custody: The child has two residences and spends significant time with each parent.
  • Special Joint Custody: A combination of shared physical and joint legal custody.
• Sole Custody with Visitation: Sole custody with visitation means one parent has legal and physical custody of the child. In contrast, the non-custodial parent has specific visitation rights determined by the Virginia Beach court. The child resides with the custodial parent.
• Split Custody: Split custody occurs when multiple children are involved, and each parent seeks custody of different children. For example, in a family with two children, each parent might have full custody of one child. This arrangement is based on the child’s age and preference.

What Is Considered When Determining Child Custody or Visitation?

Here are some of the legal factors the Virginia family law court considers determining the best interests of the child for successful custody and visitation after divorce:

• Primary Caregiver: The parent should be able to care for, support, feed, and provide for the child. This parent is typically the child’s primary source of help and support.
• Physical and Psychological Fitness: The parent must be physically and psychologically capable of caring for the child. The court may also check for evidence of abuse, injury, or crimes by the parent against the other parent, the parent’s spouse, or anyone residing in the parent’s household.
• The Child’s Preference: While the child’s preference is important, it is rare for the court to consider the opinion of a child under 7 years old. A child aged 10 or 12 is more likely to have their opinions considered in the custody decision.
• Age, Health, and Gender of the Child: These factors are crucial when determining custody and visitation. For instance, if the child needs special care or support, is too young to decide for themselves, or has a closer relationship with the same-sex parent, the court will take these into account.
• Ability to Maintain Family Relationships: The court will consider which parent is more willing to allow the child to maintain relationships with extended family members, such as an ex-mother-in-law, especially if the child has a close bond with them and wishes to keep those connections intact.

Do I Need a Virginia Beach Child Custody Lawyer?

Divorce can be challenging for the entire family. It can be highly stressful, from handling the emotional strain of separating from your spouse to managing the practical implications of dividing your assets so that you, your ex, and your children can live comfortably in the future. This is why enlisting a lawyer who is experienced in child custody law, child support, and visitation rights is crucial when children are involved.

How Can Anchor Legal Group, LLC Help?

Our Virginia Beach child custody lawyers at Anchor Legal Group, PLLC assist our clients by leveraging their extensive experience and knowledge of family law. Understanding what is acceptable in family court and under Virginia law is crucial for securing the custody and visitation rights a parent is entitled to. Even with thorough research, a person without legal training cannot match the knowledge of an experienced lawyer. Therefore, hiring a child custody lawyer is essential, especially for the welfare of your children.

Our Virginia Beach child custody lawyers apply their legal knowledge to your situation, assessing your case and guiding the divorce proceedings in your favor. Their experience ensures the proper application of the law, making legal advice indispensable for individuals with children going through a divorce. Anchor Legal Group, PLLC will work diligently to advocate for your interests in a legally sound manner.

Contact Our Virginia Beach Child Custody Lawyers at Anchor Legal Group, PLLC to Learn More

Need more information on child custody proceedings? Speak with our Virginia Beach child custody lawyers at Anchor Legal Group, PLLC. Call us at 757-LAW-0000 or contact us online to schedule a consultation. Located in Virginia Beach, we serve clients in Chesapeake, Norfolk, Suffolk, Portsmouth, Newport News, Hampton, Williamsburg, and Eastern Shore, Virginia.