When it comes to your children, you need a Chesapeake child custody lawyer who understands your needs and is knowledgeable in all legal aspects of child custody cases in Virginia. During a divorce, child custody becomes a primary issue and can be stressful and difficult for all involved. Depending upon the circumstances of your case, child custody can be complicated. If you’re considering filing a child custody petition or have a current case already filed, a compassionate Chesapeake Family Lawyer can help you understand your options by acting as a mediator, helping to find common ground and reach amicable agreements whenever possible.
A a child custody attorney guides clients through the complexities of child support, visitation schedules, and decision-making authority regarding the child’s upbringing, education, and healthcare. By leveraging their experience and knowledge of family law, our child custody attorneys in Chesapeake at Melone Hatley P.C., can help reduce conflicts and facilitate smoother transitions for both the child and the parents, ultimately working to create arrangements that minimize the emotional toll on the family.
What Determines Child Custody if We’re Not Married?
In cases where the parents are unmarried, Virginia law considers the children to be of the mothers. Establishing paternity requires that the father sign a birth certificate. Should the father seek to assert rights to the child, they should consult a with an experienced child custody attorney in Chesapeake.
How Does the Court Determine Custody of the Child?
During a court hearing in Chesapeake, each parent will have a chance to present information, including facts and arguments. The court will take these into consideration but will determine custody based on the best interests of the child.
In some cases, a guardian ad litem may be appointed to help determine what is in the best interests of the child. In Virginia, a guardian ad litem is a judge-appointed attorney who provides independent recommendations when it comes to custody. The guardian ad litem may conduct investigations and interviews, report to the court, and participate in mediations or court hearings.
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Which Court Hears Child Custody Cases in Chesapeake?
Chesapeake child custody, support, and visitation cases are heard in the Juvenile and Domestic Relations (District) Court of Virginia. Those who have not already obtained an order from any other court can file a petition requesting custody or visitation here in the court service unit. For amendments to an already granted court order, a Motion to Amend must be filed at the clerk’s office window at this court. In determining custody, Virginia law will consider what is in the best interests of the child, as provided for under Virginia Code Section 20-124.3.
Factors for this determination include but are not limited to the following:
Parent’s Relationship to Child
The determination will take into consideration the relationship between each parent and the child, including previous and future care need roles.
Age and Mental Health
The ages and mental health condition of each child and the parents themselves will be considered. The changing developmental needs in the child’s life will also be taken into account.
Needs of the Child
A close look at the particular needs of the child will play an important role, including relationships, if applicable, with any siblings, extended family members, or others.
History of Violence
The court will look for any history of domestic violence, personal injury, threatened or real child abuse, or other legal issues. Incidences involving criminal law or criminal defense of a parent factor in as well. If any of these are found, a denial or limit of custodial or visitation rights may occur against the neglectful or violent parent.
Types of Child Custody in Chesapeake, Virginia
There are different types of physical and legal custody that parents may seek in Chesapeake, Virginia as well as options for sole custody or joint custody. It is also important to note that custody goes primarily to the parents of the children in question and that the laws do not consider grandparents a priority. In determining custody, Virginia law will consider what is in the best interests of the child, as provided for under Virginia Code Section 20-124.3.
Types of custody include the following:
Temporary Custody
The child lives with the parent temporarily until the court has a chance to instate permanent custody. Temporary custody is generally established during the pendent lite hearing or in an agreement among the parties involved.
Joint Legal Custody
Both parents are granted equal rights to make major decisions involving the child, which may relate to health, education, and overall welfare.
Sole Legal Custody
One designated parent will make all the major decisions regarding the child’s health, education, and overall welfare. The noncustodial parent will have no rights when it comes to making such decisions for the child.
Sole Physical Custody
The child resides full-time with one of the parents in one location, while the other one may have legal custody or visitation rights.
Primary Physical Custody
The child lives with a designated parent the majority of the time.
Shared Custody
The parents share time with their children on a more equal arrangement.
How is Visitation Determined in Chesapeake?
Visitation differs from child custody and is a way to define and schedule when each parent will spend time with the child. The factors used to determine custody will also be applied here. Visitation schedules can vary widely depending on the circumstances of the case, such as one parent’s work schedule or the distance traveled between locations.
The court can also grant visitation rights to third parties, such as grandparents, close relatives, or stepparents. The court can also deny visitation to a parent or third party under specific circumstances. If you have concerns pertaining to the visitation rights of any third parties, it is beneficial to seek legal advice from an experienced child custody lawyer in Chesapeake.
Can I Change My Child Custody Agreement?
Understandably, as time goes on, children grow up, and circumstances can change. As such, there are times when you may need to make a change to a custody agreement.
Parents seeking the change to a granted custody agreement must file a motion with the courts. A judge will evaluate this motion, taking into consideration the same factors as the court did when initially deciding on custody. The judge will also determine the potential impact of the change or modification and measure it against the best interests of the child.
If you determine that a change is necessary or beneficial, hiring an experienced family law attorney in Chesapeake is a good idea. Prior to filing for a change, your attorney can evaluate your circumstances and help prepare a concise reason the request is in the best interest of the child. Your attorney can also serve as an intermediary between you, your spouse, or your spouse’s attorney.
Putting Your Family First
Child custody cases are often difficult to navigate, leading to emotionally charged moments and legally challenging ones as well. At Melone Hatley, P.C., our Chesapeake child custody lawyers put your family first and will help you find the best child custody arrangement for your circumstances.
The following are reasons for choosing the child custody attorneys with Melone Hatley, P.C., when seeking legal representation for your custody case.
- Experienced and aggressive: The child custody lawyers in Chesapeake at Melone Hatley, P.C., have years of experience evaluating and mediating child custody cases. We take a no-nonsense approach and can be aggressive when necessary to help you obtain the best solution for your family.
- Highly rated by clients: Our clients appreciate the thorough and efficient legal services we provide, including the realistic and practical advice we give to help clients in all child custody matters as well as other practice areas, including estate planning.
- Big law firm in a boutique setting: Our child attorneys in Chesapeake bring big law firm experience into a boutique setting so we can better serve each client individually.
- Individualized approach: Every child custody case is unique, and we focus on providing an individualized approach to meet a client’s specific needs and goals.
- Client-centered: Our law office takes a client-centered approach to all child custody cases. We focus on client service, loyalty, and dedication and work side by side with each client to achieve the best possible outcome.
- Numerous family law office locations: For convenience, the firm offers several locations throughout the state for clients to meet with our attorneys.
We also offer free, helpful resources, including eBooks and advice videos, to help you through these difficult times. Whenever you are ready, call our office or use our online contact form to schedule a free consultation.
