Virginia Child Custody: “Best Interests of the Child" (Part A)

Going through a divorce is difficult for the whole family, including the children. When determining Virginia Beach child custody, the court must consider the best interests of the child. To do this, the court will look at several factors in order to decide which arrangement is favorable for both the parents and the children.

If you are thinking about ending your marriage, speaking to a skilled Virginia child custody lawyer is crucial. Your Virginia child custody lawyer will work to protect and advocate for your needs as well as the needs of your children.

Virginia Beach Child Custody

In a Virginia divorce settlement, the court will determine which parent has custody. This parent, referred to as the "custodial parent," may be entitled to child support from the other parent (the noncustodial parent). The court may also ask both parents to create a co-parenting (i.e. visitation) schedule so the noncustodial parent can continue a relationship with his or her children.

Factors in Awarding Virginia Beach Child Custody

When determining which parent should gain custody of the children, the court looks at several factors, including:

• the age of the child;
• the child's physical and mental health;
• the age of the parents;
• the parents' physical and mental health;
• the parents' relationship with the child;
• the child's needs;
• the parents' current and future role in the child's upbringing;
• the child's preference (depending on the age and experience of the child);
• history of physical, sexual, or mental abuse within the family; and
• any other factors the court finds relevant.

If one parent is currently living with the children, he or she may have an advantage. A parent who has been the primary caretaker in the past also has a greater chance of becoming the children's custodial parent. If you are not currently the primary caretaker, the skills of a Virginia child custody lawyer will help demonstrate your ability to care for your kids.

The court will look at whether the potential custodial parent will support the child's relationship with the other parent. If one parent can prove that the other denied visitation with the children during the Virginia separation process, the court may find that person an unsuitable custodial parent.

Determining Virginia Beach child custody can often get confusing and emotionally draining. A Virginia child custody lawyer has the skills and the resources to most effectively fight your case.

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