Legal custody is an entirely separate matter from physical custody. If a parent is awarded Virginia legal custody of their children, it means he or she has the right to make legal decisions regarding the children's overall welfare and major life decisions. The parent with Virginia legal custody can make critical decisions about medical care, schooling, and religion. The courts often award joint legal custody, which allows both parents to take an active role in their children's lives.
It is important to note that if you are awarded joint legal custody of your children but exclude your ex-husband from decision-making, he may take you to family court so that the judge can enforce the Virginia legal custody agreement. Not only does this cause tension in the family, but it also can be expensive to hire an attorney if you are forced to return to court on multiple occasions.
In the case of joint Virginia legal custody, it is important that both you and your former spouse are able to make decisions that affect your children's welfare without conflict. If you think you will be unable to share joint legal custody with your ex-spouse, you may ask for sole legal custody.
For example, if your ex-spouse is abusive, an addict, or will not communicate with you, speak with your Virginia divorce lawyer about how to file a motion for sole legal custody. It is important to note that the courts prefer joint legal custody, so you will need to have strong evidence that demonstrates that it is not in the best interest of your children. Making Decisions Regarding Child Custody
It is important to speak with a Virginia divorce attorney when making decisions regarding physical and legal child custody. You may be able to negotiate with your spouse and come up with an agreement that is fair to you both, rather than relying on the judge to make the decision for you. In some cases, you and your spouse can go to divorce mediation to work out a child custody agreement.
Making the right decision regarding Virginia legal custody is important. We understand that the health and happiness of your child is your #1 concern and we will work with you to address any fears and anxieties that you may have about your child's future. Our women's divorce attorneys will work with you every step of the way to ensure that you achieve the best possible child custody and child support arrangements for you and your children. Contact us today to schedule a legal consultation- (757) 425-5200.
To order your free book-www.freedivorcebook.com information on seminars-www.monthlydivorceseminars.com info on collaborative divorce-www.virginiacollaborativelaw.com information-estate planning for young families-www.generationslawfirm.com information-family law and estate planning for the LGBT community-www.FamilyEqualityLawCenter.com
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