Getting Full Custody in Chesapeake
Virginia Beach lawyer helps secure sole custody
Courts determining post-divorce custody in Virginia focus on what is in the best interests of the child. At Harding, Harding & Harding, Attorneys at Law in Virginia Beach, we understand how important our clients’ families are to them. We work diligently toward getting them full custody whenever possible.
Types of custody awarded in Virginia
There are two types of child custody: legal and physical. Legal custody is the ability to make decisions regarding the child’s welfare. Physical custody determines in which parent’s home the child lives most of the time. Either of these may be sole custody in favor of one parent, or joint custody. Joint legal custody requires both parents to agree on how to raise the child. Joint physical custody means that the child spends an equal amount of time living with each parent. If one parent has sole physical custody, the other may be entitled to a visitation arrangement.
Factors considered in awarding custody in Virginia
The overriding concern of judges deciding child custody is protecting the best interests of the child. Judges consider a number of factors in this analysis, such as the following:
- The age and mental and physical health of the child and each parent
- The child’s needs
- The relationship between the child and each parent
- Each parent’s role in raising the child and ability to assess and meet the child’s needs
- Each parent’s willingness to cooperate with the other parent in raising and maintaining each other’s relationship with the child
- The child’s preference, if they are mature enough to express a reasonable preference
- Any family history of violence or sexual abuse
Even if you and your spouse agree on child custody, the judge must still approve your agreement. We seek to marshal the strongest evidence in favor of our clients’ custodial preferences.
Documenting the best interests of the child
You can help demonstrate your fitness as a parent and that being your children’s custodial parent (if you want that role) is in your children’s best interests by such means as:
- Keeping records of the involvement of you and your co-parent with your child and your child-rearing interactions with your co-parent
- Collecting emails and texts that demonstrate your parental responsibilities
- Accumulating evidence of your parental routines
A Virginia Beach child custody lawyer can determine how best to build your child custody case and can gather the evidence needed.
Proving parental unfitness of the other parent
Sometimes, demonstrating what is in the child’s best interests requires proving that the other parents is unfit or too irresponsible to deserve custody. This may be shown by means of:
- Evidence of their substance abuse, criminal activity or neglect
- Medical and police records of child abuse
- Testimony of teachers, neighbors, family members and other witnesses of the parent’s unfitness
We will gather all relevant evidence and present it in support of your being awarded full custody.
Modifying an existing child custody agreement
Sometimes, significant changes in circumstances require revision of custodial arrangements. Even if you and your co-parent agree on the change, you still need court approval. If you can’t agree, we can assist you with petitioning the court for a modification of child custody and with showing it is in your children’s best interests.
Child custody lawyers in Chesapeake ready to help you obtain full custody
Harding, Harding & Harding Attorneys at Law provides family law services to clients in Virginia Beach, Chesapeake, or Norfolk. To schedule an appointment for a free initial consultation, call 757-499-2600 of contact us online.
