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Child Custody
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Child Custody
It is vitally important to any woman facing a child custody dispute to understand both the types of child custody in Virginia and what the court looks at when deciding what custodial arrangement to order.In Virginia, courts make a determination with respect to legal custody, physical custody, and visitation.
Important note!
No custody or visitation order is ever “final” in that a parent can always petition the court to change a custody or visitation order. The parent asking to change custody or visitation must prove:- that there has been a material change in circumstances since the last custody or visitation order was entered and
- that a change in the custody or visitation order is in the best interest of the child.
Physical custody has to do with where and with whom the child resides. Sole or primary physical custody means that the child’s residence is with one parent. That does not mean that the other parent does not have visitation with the child, except in extraordinary circumstances. Shared physical custody means that the child spends a good deal of time with each parent. Shared physical custody does not necessarily mean that the child spends equal amounts of time with each parent. Under the child support guidelines, shared custody means that each parent has over 90 days with the child, with a day defined as a 24 hour period (an overnight visit of less that 24 hours counts as half a day, a visit that is not overnight does not count towards the 90 days). Shared custody arrangements can be made in many different ways, from week on/week off time sharing schedules, one parent having the child during the school year and the other having the child in the summer, or any other arrangement that gives each parent significant time with the children. Child development experts have differing opinions about whether shared physical custody is helpful or harmful to children, and each unique child and family situation warrants careful consideration before making a determination about which custodial arrangement is best for your child.
Split physical custody is when one child resides primarily with one parent and the other child(ren) reside(s) primarily with the other parent. Courts generally do not favor splitting up siblings, unless one sibling poses a threat to another sibling’s well-being. Generally, split custody arrangements do not result from a court ordering the split custody arrangement, but from the parents reaching an agreement because they have determined that split custody is what works best for their children.
Visitation is the arrangement made for the parent not having primary physical custody to spend time with the child. Except in extraordinary circumstances of proven abuse or neglect, all parents have the right to visitation with their child. Even in cases of proven abuse or neglect, supervised visitation is likely to be ordered. If supervised visitation or no visitation is ordered, the parent with supervised or no visitation is likely to be able to have regular visitation in the future if he has some therapeutic intervention and/or rehabilitation and is able to remedy his parenting deficits. Regular (unsupervised) visitation can either be reasonable and liberal, meaning that there is no set schedule for visitation but that the parents arrange it themselves informally, or it can be specified, meaning that there is a set schedule for visitation. It is important for the parent with primary physical custody to know that visitation is a right and not an obligation, meaning that if there is a set visitation schedule, the visiting parent may but is not required to exercise his visitation. Most families with a set schedule have a minimum schedule of every other weekend, one night for dinner (and sometimes an overnight visit) during the week, some extended period of time in the summer, and alternate holidays.
The court considers ten factors when making custody and visitation determinations. Please visit this site for updates and discussions about those factors.
Web Resources for Child Custody:
- Battered Women, Abused Women and Child Custody Conference
Description: The Conference includes presentations, round-table discussions, and question & answer sessions with nationally-distinguished professionals whose work is focused on resolving the complex issues facing battered women as they strive to protect themselves and their children in and out of court during custody and visitation disputes. It is open to lay persons, and of special interest to advocates, social workers, psychologists, attorneys, judges, legal personnel, and others involved in the issue of battered women's and abused children's legal and civil rights violations by family courts, DSS, and other government systems.
- Custody Prep for Moms
Description: A support site provided by those that have been through the process. Intended to help fit and loving mothers who wish to continue to be the primary caretakers of their children.
- Justice for Children
Description: Justice for Children is a national child advocacy organization. Their site contains valuable information on recognizing child abuse and other legal resources like amicus briefs and parental alienation syndrome data.
- The Crisis in Family Law Courts
Description: A National Organization for Women ad hoc committee gathered and posted information, and provided recommendations for mothers navigating through family court systems.
Quick Contact
Hofheimer/Ferrebee P.C.
1060 Laskin Road
Suite 12B
Virginia Beach, VA 23451
Phone: (757) 425-5200
Fax: (757) 425-6100