How is Child Custody Determined in Virginia?

If you're facing a child custody dispute in Fredericksburg, Virginia Strentz Greene & Coleman, PLC, is here to guide you through the legal process and help you make informed decisions as a parent.

August 13, 2024

There are many factors involved when the state is considering how to establish custody after a separation. If you're facing a child custody dispute in Fredericksburg, Virginia Strentz Greene & Coleman, PLC, is here to guide you through the legal process and help you make informed decisions as a parent.

What are the Types of Child Custody in Virginia?

In Virginia, custody is defined through two lenses: physical custody and legal custody. Physical custody gives a view of how the child’s time will be spent. It can take many forms, but it usually is a time-sharing agreement between the parents. On the other hand, legal custody defines who is making life decisions for the child, like choice of school, religious considerations, or medical decisions. 

Physical Custody: Primary or Shared

Shared physical custody is an arrangement where one parent has more than 90 days per year with the child.  The parents need to be able to work together closely and get along very well in order to share physical custody.  

Primary physical custody in Virginia is when one parent has the primary residence of the child.  This is more the norm than shared physical custody. Primary Physical Custody is clearly when one parent has served and continues to serve as the main caregiver for the child. In this situation the visitation for the visiting parent would be clearly under 90 days per year. 

Legal Custody: Joint or Sole

Usually, a Virginia judge wants to order joint legal custody so both parents have a say in how their child is raised. However, there are circumstances where the court considers sole legal custody including a history of poor decision-making for the child, an irreconcilable and non-communicative relationship between the parents, mental illness, or substance abuse. 

Factors Considered in Child Custody Determination in VA

When deciding child custody arrangements in Fredericksburg, VA, courts consider various factors to determine the best interests of the child. Some common factors include:

  • The child's age, physical and mental health
  • Each parent's physical and mental health
  • The child's relationship with each parent
  • The finances of each parent
  • Each parent's ability to provide for the child's physical and emotional needs
  • The child's adjustment to their current home, school, and community
  • Any history of domestic violence, substance abuse, or related criminal record

Working With a Fredericksburg Child Custody Lawyer

Child custody laws in Virginia can be overwhelming, especially during emotionally charged family disputes. That's where a skilled Fredericksburg child custody lawyer can make a difference. At Strentz Greene & Coleman, PLC, our legal team is dedicated to advocating for our clients and safeguarding the best interests of your child.

Strentz Greene & Coleman, PLC: The Right Firm for Your Family

Don't wait to get legal guidance for your custody case. Contact Strentz Greene & Coleman, PLC, today to schedule a consultation with a knowledgeable Fredericksburg child custody lawyer who will fight for your parental rights and your child's well-being. Let us guide you through the legal process with compassion. Your family's future is our priority.

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