If you have children and are going through Virginia divorce proceedings, physical child custody will be an important component of your divorce settlement. While the issue of legal vs. physical custody is relatively straightforward, it can become complicated in certain scenarios. Here's what you need to know about physical child custody if you are not married to the father and what to do if you want to change your physical custody arrangement.
What If I'm Not Married to the Father?
In the case of unmarried parents, physical custody is granted to the mother unless and until the father establishes his paternity in a court of law. Once paternity is established, the father has rights to seek physical custody in Virginia, and he is on an equal playing field with the mother.
Can Physical Custody Change?
Even after physical child custody is decided in a Virginia court, it is never considered "final." That is, physical child custody can always be altered if there are changes in the parents' circumstances or differences with the child. Either parent can also request that the custodial agreement be modified if there have been changes in circumstances.
Why You Need a Virginia Child Custody Attorney
If you and your estranged spouse disagree about who should have physical custody of your children, it is essential that you hire a Virginia child custody attorney who has experience representing mothers in child custody disputes. In Virginia, both the mother and the father have equal rights when it comes to physical custody, so don't assume that you have the upper hand because you are the child's mother.
Retaining a Virginia Divorce Lawyer
At this vulnerable time, it's critical that you have exceptional legal representation that not only understands the specifics of Virginia divorce, but has extensive experience representing mothers in child custody cases.
The Virginia divorce attorneys at Hofheimer/Ferrebee exclusively represent Virginia women who wish to file for divorce. We are committed to fighting for your rights, assisting in child custody disputes, and ensuring that you receive everything you are entitled to and need in order to start your new life. Contact us to set up a consultation of your case - (757) 425-5200.
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