If you are navigating a divorce and have children, custody arrangements could be the issue with the most emotional impact. When determining custody, courts focus on the best interests of the children above all else.

At Ashwell & Ashwell, our family law attorneys understand that life after a divorce may feel frightening for a child who has always relied on both parents. We help you work toward maintaining that sense of security with a realistic parenting plan. We are available to listen to your questions and concerns so we can advocate for you and your child. A compassionate and skilled Richmond child custody lawyer is here for you.

What Is Considered the Best Interest of the Child?

Child custody issues are among the most stressful and contentious in the legal system when parents disagree with what is in a child’s best interest. Under Virginia Code § 20-124.3, the courts consider several factors when determining custody and visitation schedules. These factors include:

  • The child’s age, physical, and mental conditions
  • The parents’ ages, physical condition, and mental stability
  • The current relationship between each parent and child, including which parent has been directly involved in meeting a child’s everyday needs and who could be responsible for raising the child in the future
  • If there is a history of family abuse and, if so, by whom
  • The reasonable preference the child may express toward living with one parent
  • The child’s emotional, educational, social, and physical requirements
  • Any other factor the court deems reasonable in making a custody decision

Custody arrangements have a far-reaching impact on a child’s future because the family is being restructured. When the court rules on custody and visitation, it is a legal order. If one spouse ignores the order, they may face significant consequences, such as contempt of court charges, changes to custody and visitation, and fines.

Our seasoned attorneys can guide you in seeking solutions in the best interest of the children involved, while keeping your emotional, financial, and parental well-being in mind. A child custody attorney in Richmond is ready to answer your questions now.

Legal and Physical Child Custody

The court considers both legal and physical child custody when making decisions about a child’s care and may award either type jointly or solely to one parent. If a parent is awarded legal custody, that parent has sole authority over decisions affecting the child. Physical custody refers to which parent provides the child’s daily supervision and primary care.

Joint custody may allow both parents shared decision-making responsibilities and time with each parent, which is often preferable so the child maintains a relationship with each parent. However, if this is not in the child’s best interest— as in cases involving abuse—our child custody lawyers may offer evidence during court hearings or mediation to advocate for you and your child in Richmond.

How to Prepare for a Child Custody Dispute

Begin by documenting all interactions your child has with your former spouse. If you are being accused of poor parenting, document your role in your child’s life, including their school reports, medical care, and social interactions.

When possible, make sure visitation schedules are followed, and always keep your child’s best interests as your main goal. Do not let your emotions overrule your judgment. We may intervene with proof if one parent tries to undermine the other.

Consult Our Richmond Attorneys Today for Help With Child Custody Disputes

Ashwell & Ashwell understands that emotions may intensify during divorce and child custody issues and recognize that children are sometimes used as tools in disputes between parents. This does not have to happen. Whether you are beginning this legal process and wish to explore your options for a parenting plan, or wish to appeal a court decision, our Richmond child custody lawyer is ready to strategize with you as soon as possible. Few things are more important than making sure your child is taken care of, and that you can play a role in their life even after a divorce.