Virginia Custody and Visitation Lawyers
The custody lawyers at Livesay & Myers represent clients in Fairfax, Manassas, Woodbridge, Stafford, Fredericksburg, Spotsylvania, Henrico, Hanover, Caroline, and Richmond, Virginia. They are experienced in handling custody and visitation matters in both Circuit and Juvenile courts.
Issues concerning child custody and visitation are among the most emotional and difficult issues in the law. Your case is too important not to have an experienced Virginia custody and visitation lawyer on your side.
The Best Interests of the Child Test
The judge in your case is legally required to base decisions regarding custody and visitation on the best interests of the child.
Virginia Code Section 20-124.3 lists a number of factors that the judge should consider in deciding what is in the child's best interests. You should go over those factors with your Virginia custody lawyer, and determine which factors will favor you in your case, and which will favor the other parent.
Although each of the factors listed in Section 20-124.3 factors are important, in our experience the following factors are among the most important to the judge's determination:
Inertia. If the child has been living with one parent in a stable environment, and doing well in that environment, then that parent has a tremendous advantage. In these circumstances, the judge will usually not want to "upset the apple cart."
Primary Caregiver. The parent who has put in the most time caring for the child, who has been the "primary caregiver," has an advantage.
Preference of the Child. Depending on the age and maturity level of the child, the child's preference may be very important. Generally speaking, the older and more mature the child, the more important the child's preference becomes. Some judges might be curious to meet a child age 6-8. Most judges will probably want to interview a child age 8-13. At around age 13, the child's preference will probably be regarded as controlling by the judge.
Relocations in Virginia Child Custody Cases
With more and more parents finding the need to move due to family connections, changes in employment and varying costs of living in different states across the county, relocation has steadily become a hot topic in custody cases. For an extended discussion of relocation issues in child custody cases, click here.
Grandparent Custody and Visitation
Virginia law allows any "person with a legitimate interest " to petition for custody or visitation. The Virginia Code specifically defines "persons with a legitimate interest" to include grandparents. Our lawyers are experienced in representing grandparents in custody and visitation disputes, particularly where both parents are unfit or "out of the picture" for one reason or another.
Home Studies and Guardians Ad Litem
The judge may not be the only official with whom you will have to deal in your custody and visitation case. First, the judge may order "home studies" in your case, in which a social worker is sent to the homes of the contending parents. The social worker will evaluate each home, speaking with each parent (and sometimes the child), and report back to the judge. Second, the judge may appoint a guardian ad litem, a lawyer who shall be tasked with representing the best interests of the child. The guardian ad litem will speak with each parent and the child, and make a recommendation regarding custody and visitation to the judge.
Change of Custody and Visitation
The issues of child custody and visitation are never permanently settled (until the children are grown). The court retains the power to alter the custody and visitation arrangements based on a "material change of circumstances."
Our Virginia Custody and Visitation Lawyers
Attorneys James Livesay, Amanda Foley and Matthew Kurylo are the Virginia child custody and visitation lawyers at Livesay & Myers, representing clients throughout Northern Virginia and Richmond.
Contact us to schedule a consultation with one of our Virginia custody and visitation lawyers today.
