If you are trying to navigate child custody in Northern Virginia the most important thing is always finding the best solution for the well-being of your child.
Child custody and visitation is often the most emotional and stressful part of a divorce or separation. You and your partner may agree on how to share parenting responsibilities and parenting time, or you may each have your own ideas on how to best meet the needs of your child. Either way, Patterson Bookwalter can help you reach a custody and visitation determination for physical and legal custody.
What is Legal Custody?
Legal custody in Virginia is the right to make decisions regarding your child. These decisions typically include those related to the health, welfare, and education of the child.
In Virginia, parents typically share legal custody, although one parent may be awarded the right to make the final decision. In rare circumstances, one parent may be awarded the right to make decisions for the child without the input or involvement of the other parent.
What is Physical Custody?
Physical custody in Virginia refers to who has the child at any given time. In Virginia, it is common for one parent to have primary physical custody of the child, subject to the other parent’s right to visit with the child on a set schedule, or the parents share physical custody of the child.
In rare circumstances, one parent may be awarded sole physical custody, to the exclusion of the other parent.
How is Legal and Physical Custody Determined in Virginia?
Legal and physical custody determinations are guided by the best interests of the child. Courts and parents consider a list of factors to help determine what custody arrangements are best for the children:
- The age and physical/mental condition of the child
- The age and physical/mental condition of the parents
- Relationship between the child and each parent
- The needs of the child
- The role that each parent has played, and will play, in the child’s upbringing and care
- Propensity of each parent to support the child’s relationship with the other parent
- Willingness and ability of each parent to maintain a close relationship with the child and to resolve disputes with the other parent
- Reasonable preference of the child, if of a suitable age and maturity
- History of family abuse
- Other factors the court may consider necessary and/or relevant
Sole Custody
Sole custody means that one parent is the person in control of the well-being of the child and will be responsible for making all major decisions for the child.
This custody option is rarely awarded in the state of Virginia and is reserved for extreme cases of discord, such as when a child has been abused by the other parent, or when communication is not an option, such as with an incarcerated parent.
Joint Custody
If you and your former partner opt for joint custody that means both parents will be responsible for the physical, emotional, and moral development of the child and that both parents will take responsibility for the child.
While the child may spend more time with one parent in this scenario, joint custody primarily refers to joint decision-making in regards to the child. However, in most cases, the child splits their time between both parents’ households equally.
Does Child Custody in Northern Virginia Favor Mothers?
It is a common misconception that there is a preference that the child ends up with the mother under Virginia law.
The court is legally obligated to make their decisions based on the well-being of the child only and without regard to the gender of the parties.
Temporary Custody
Temporary custody may be granted in the interim period before a formal custody decision has been determined by the court.
Custody for Guardians
In some instances, the Court or parents may decide that the child’s needs are best served by awarding custody to a person or persons other than the biological parents. Such persons may include grandparents, aunts, uncles, former same sex partner, or other interested individuals.
Child Custody Law Firm in Northern Virginia
At Patterson Bookwalter Law Firm we have years of experience with clients facing child custody battles and understand that this is a time where you need unwavering support and legal expertise to benefit all involved parties.
We have experience with child custody in Fairfax County, Loudoun County, Arlington County, City of Alexandria and Prince William County from our office in Fairfax, VA.
Fill out our contact form or call us today at (703) 520-9533 to learn how we can help you and your family.