Protect Your Role As A Parent With Informed Legal Counsel
Child custody can be a complex area of law. Each situation is different, and family situations change over time. This is also the most emotionally charged area within family law. At Hirsch & Ehlenberger, P.C., our Northern Virginia child custody lawyers use over 35 years of experience to handle custody issues at every stage of litigation and settlement. We offer guidance during initial determinations of child custody, parenting plans and child visitation, as well as modifications of existing agreements and court orders.
When the courts are needed to ensure a child’s best interests, we are experienced in advocating for the best result for the child. We regularly work with clients when there are issues of physical abuse and/or emotional abuse between the parents or against a child in the family. We understand how to navigate the court system to get your relief as quickly as possible.
What Issues Factor Into Virginia Child Custody Decisions?
Parents can approach custody decisions in a few different ways, depending on their situation. Some parents can negotiate an arrangement that feels right for their family using options like mediation and collaborative law, which they will present to the court.
If parents can’t agree, they may choose litigation. When child custody decisions are presented to courts, the judges must consider a variety of factors. These include:
- The child’s age and mental and physical health
- The age and physical and mental condition of each parent
- Basic needs of the child
- Each parent’s involvement with the child
- Each parent’s ability to assess and meet the child’s needs
- Each parent’s ability to foster a good relationship with the child
- The reasonable preference of the child
- Any history of family abuse
In presenting a child custody or child visitation case, we are mindful of all of these factors. Our attorneys will work with you to prepare for your court appearance, including preparing exhibits and your testimony.
Joint Custody Versus Sole Custody
In Virginia, courts recognize two main types of custody arrangements: joint or shared custody and sole custody. These arrangements can apply to either physical or legal custody, or they may apply to both.
- Joint legal custody: Both parents share decision-making responsibilities for important matters such as education, health care and religious upbringing.
- Sole legal custody: One parent has the exclusive right to make major decisions for the child without consulting the other parent.
- Shared physical custody: Children have significant (although not necessarily equal) time with each parent and divide their time between both parents’ homes according to an agreed schedule.
- Sole physical custody: The child lives primarily with one parent, while the other typically receives visitation rights. In this arrangement, parents may still share decision-making responsibilities.
As child custody attorneys, we guide our clients through each option and help them pursue an arrangement that benefits their children while protecting their parental rights. We strive to help our clients understand the differences between these arrangements.
How Do Custody Decisions Affect Child Support In Virginia?
In shared custody cases, courts typically adjust support payments based on the time each parent spends with the child. Sole custody typically results in higher support payments from the noncustodial parent. As your family law attorneys, our goal is to guide you through the complexities of child custody laws and help you make informed decisions for your family’s future.
What Details Influence Virginia Parents’ Visitation Rights?
Child custody decisions set the rules for parenting schedules. They decide how much time each parent spends with the children. When parents share joint physical custody, the schedule often feels relatively equal. Children may switch homes every other week, follow a 2-2-3 plan, or use another shared schedule.
However, when a court gives one parent sole physical custody, the other parent usually gets limited visits. These visits often happen on weekends, holidays or certain weekdays. The custody decision sets how often and how long the nonprimary parent can see the children. Sometimes, a court requires supervised visits because of safety concerns, which can further decrease the flexibility in their visitation schedule.
Legal custody also matters. When parents share joint legal custody, they often help make decisions about the schedule and changes to it, which may lead to greater flexibility. When one parent does not share legal custody, that parent may have less say and fewer options.
Modifications To Your Parenting Plan Are Possible
Modifications of custody or visitation situations can be achieved only after showing a material change in circumstances that warrants a modification. Many litigants who do not have lawyers assisting them in filing or presenting their case often fail to address these important threshold issues.
Our lawyers have experience in negotiating modifications of custody and visitation orders when needed. We understand that your life, your finances and your children’s needs and preferences may change as they get older, requiring you to readdress these areas.
A Reston Firm Well-Versed In Child Custody Law And Ready For Your Inquiry
Contact Hirsch & Ehlenberger, P.C., to ask about having a consultation to discuss how we can help you navigate the child custody and child visitation process. You can call our office at 703-239-4832 or send us an email to begin scheduling your consultation.