Virginia courts recognize two types of child custody:
While physical custody refers to which parent will live with the child primarily, legal custody refers to the parent’s right to decide about the child’s education, welfare, medical care, and religion.
The court can award joint custody, sole, or a combination of both. For example, the court can award physical custody to one parent and visitation rights to the other parent. Visitation rights are awarded to the parent who doesn’t have primary physical custody of the child. However, if that is not in the best interest of the child, an exception can be made.
Parents in Warrenton are strongly encouraged to create a parenting plan in a custody case. The parenting plan should include how the parents will address the child’s needs. When parents agree, they can ask the judge to approve it.
Parents can make parenting plans or go through custody by themselves. But, hiring family attorneys can be a better option.
Ultimately, the judge makes the final decision regarding child custody. But, experienced attorneys such as those at Ashwell & Ashwell, PLLC, can be very helpful. Based on their past experiences, they could suggest various custody scenarios that might work for the whole family. Remember that custody disputes can become complex litigation cases, particularly if they involve domestic abuse or relocation.
A persistent issue in child custody cases is parents’ expressed need to relocate out of state or jurisdiction. At Ashwell & Ashwell, we help clients understand the potential impact of a relocation on custodial arrangements. Virginia will always default to and rely on the best interests of the child in determining if a change of custody or visitation is necessary. However, relocation cases often add a slightly more complicated layer to the analysis.
If relocation is in question in your case, our Warrenton attorneys will advise you on whether a judge is likely to allow your child to relocate and what impact such an arrangement will likely have on the noncustodial parent. We will also examine the impact for a parent who must relocate although the court will not permit the child to do so. Let us examine the hard questions with you and help you reimagine possibilities for your family life after you or the other parent relocates if this becomes necessary.
Our lawyers encourage parents to consider options such as having a child spend every summer vacation with the noncustodial parent. Then we will help you negotiate or litigate while pursuing solutions that are right for your family.
In considering a party’s relocation request, the court generally focuses on the following factors:
Often, the focus of a decision comes down to whether the benefit to the child is so great that the potential risk to the noncustodial parent is outweighed. In other words, are there educational, cultural, medical, or other benefits to the child of a relocation with one parent? Would the noncustodial parent’s relationship be negatively impacted, or will a change in the normal custodial schedule offer a solution? The resolution of a child relocation petition is often very fact-specific. Details such as the following must be considered:
Each parent generally has a different opinion on how these factors impacts the child. In some cases, the child is old enough to weigh in on whether or not they wish to move. To gain an understanding of a child’s perspective, a judge will often communicate with the child through a video conference without the interference of parents or attorneys in an open court context.
The legal costs of hiring a child custody lawyer in Fauquier County can vary significantly based on several factors. Generally, these costs include the attorney’s hourly rate, retainer fees, and other expenses related to the case.
Our attorney may charge differently based on their legal experience, the complexity of the case, and the length of time required to resolve the custody issues.
Additionally, costs can increase if the case involves complex legal issues like domestic violence, joint physical custody disputes, or equitable distribution in the event of a marriage dissolution.
Law firms typically provide an initial consultation to discuss the specifics of the case, during which they should provide an estimate of the costs involved.
It’s essential for clients to make an informed decision about which attorney to hire, considering not just the cost but also the attorney’s expertise in family law and child custody matters.
Costs may also be influenced by whether the case can be resolved through mediation or requires extensive civil litigation.
Fauquier County courts take issues of parental alienation very seriously, as they can significantly affect the mental and physical health and general welfare of the child involved.
When deciding on child custody, the court considers the best interests of the child, which includes evaluating the parent’s ability to foster a positive relationship between the child and the other parent.
Allegations of parental alienation are thoroughly investigated, and the court may order psychological evaluations or counseling to assess the impact on the child.
If parental alienation is proven, it can greatly influence the court’s decision on custody arrangements. The court aims to ensure the child’s well-being and may adjust custody or visitation rights to protect the child’s mental and physical health.
In severe cases, the court may grant sole custody to one parent if it’s deemed necessary for the child’s welfare. Child custody lawyers in Warrenton are well-versed in handling such sensitive cases and can guide parents through the legal process, ensuring that their rights and the best interests of the child are upheld.
We realize the uncertainties and conflicts that often go along with relocation cases are typically stressful and worrisome for parents. While we cannot make a feeling of conflict go away in such cases, we can share with our clients how many other families in similar situations have found workable solutions.
Learn how we can advocate for you and your child or children in a custody case in Warrenton, with or without relocation as a factor. Schedule a consultation or complete our online inquiry form to get the conversation started.
