Child Custody

Child custody issues are among the most difficult emotional disputes that parents can face. Sometimes, one parent may try to alienate the other parent or seek arrangements that are not in the child’s best interest. Often, one side is not satisfied with the proposed arrangement. In other cases, a parent may have legitimate reasons to keep the child away from the other parent.

In any case, the advice and help of an attorney can be indispensable. Regardless of the specifics of the case, it is of utmost importance that decisions regarding a child’s custody are based on the best interests of the child.

Resolving Child Custody Disputes

If the parents are unable to reach an agreement concerning their child, they can work through a mediation process or authorize their attorneys to negotiate a fair custody agreement.

Child custody laws vary from state to state. In Virginia, courts consider a number of factors when determining what custody arrangement is in the best interests of the child. These factors include:

• The age and physical and mental condition of the child
• The age and physical and mental condition of each parent
• The relationship between each parent and the child, including each parent’s involvement in the child’s life and ability to meet the child’s needs
• The needs of the child, including relationships with siblings, peers, and extended family members
• The role that each parent has played and will play in the upbringing and care of the child
• Each parent’s willingness to support the child’s relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child
• Each parent’s willingness and demonstrated ability to maintain a close and continuing relationship with the child and to cooperate in resolving disputes
• The child’s reasonable preference, if the court determines that the child has sufficient intelligence, understanding, age, and experience to express such a preference
• Any history of family abuse, sexual abuse, child abuse, or certain acts of violence, force, or threats
• Any other factors the court considers necessary and proper for determining the best interests of the child

Virginia law does not establish a presumption in favor of any particular form of custody. Instead, the court considers the circumstances of each case and determines the arrangement that serves the best interests of the child.

Serious Criminal Convictions and Custody

Under Virginia law, a court may, in certain circumstances and when it is in the best interests of the child, prohibit a parent convicted of certain serious offenses from filing a petition for custody or visitation for a specified period of time.

These provisions apply to certain convictions involving offenses such as murder, voluntary manslaughter, felony assault, and felony sexual assault, depending on the circumstances and the individuals involved. Because the application of these provisions depends on the specific facts and applicable statutory requirements, parents facing these circumstances should seek legal advice.

Educational Programs for Parents

If a Virginia court is asked to resolve a contested custody, visitation, or support matter, the parties generally must demonstrate that they have attended an approved educational seminar addressing the responsibilities of parents and the effects of separation or divorce on children, subject to applicable exceptions.

These programs are designed to help parents understand their responsibilities and the potential consequences of separation or divorce on their children.

It is important to remember that one parent’s anger toward the other parent can have negative effects on the child. In all cases, the interests of the child are of utmost importance. It is also best to avoid using the child as a go-between for communication between the two parents.

When Parents Cannot Reach an Agreement

If the parents are unable to mutually resolve their dispute, the court can conduct an evidentiary hearing and decide the matter based on the best interests of the child.

In reaching a decision, the court should preserve the dignity and resources of the family members involved and encourage the parents, when appropriate, to share in the responsibilities of rearing their children.

Virginia courts may award different forms of custody, including sole custody, joint custody, or split custody. Temporary custody may also be awarded depending on the circumstances of the case.

Types of Child Custody

Temporary custody refers to custody for a limited period of time. The term may also refer to which parent has custody of the child at a particular time.

Sole custody may consist of legal and/or physical custody. Legal custody allows a parent to make important decisions and long-term plans for the child. Physical custody refers to having the child physically live with a parent and making decisions regarding the child’s everyday needs.

Joint custody may include joint legal custody, joint physical custody, or a combination of both. Joint custody allows both parents to share custody and responsibility for making some or all decisions concerning the child, depending on the specific custody arrangement.

Split custody refers to a situation involving two or more children in which the children are divided between the parents, allowing each parent to have custody of a specified child rather than both or all of the children.

How an Attorney Can Help

In all of these situations, an experienced attorney can make a significant difference. An attorney can help you understand your rights and responsibilities, navigate the legal process, negotiate a custody arrangement, and advocate for your interests while keeping the best interests of the child at the center of the case.

Raheen Law Group has experience helping parents with child custody issues. Whether you are seeking to establish a custody arrangement, modify an existing arrangement, or resolve a custody dispute, an experienced attorney can help you navigate the legal process.