When you are planning to sever ties with your wife in a court of law in Virginia, child custody is among the many challenging divorce issues that you might have to grapple with over time.
Even though you can negotiate, using a mediator such as friend or family member, to come to an amicable agreement out of court, things can easily spiral out of hand, especially if your spouse is the type who clings to the children to try to punish their soon to be single partners.
If negotiations turn sour and you have to solve your issue in a Virginia court of law, one of the best decisions you can ever make during this heart wrenching time is to hire a reputable Virginia child custody lawyer.
Child custody attorneys who work in Virginia are well-educated, understand the essentials of family law, and can represent your interests in the best possible way.
When undergoing divorce, a good child custody lawyer in Virginia can help you file for the following child custody types:
Types of Child Custody
Unlike what many people think, child custody is not a standard protocol that cuts across the board. When you are going through a divorce in Virginia, a judge, or panel of judges can grant you two main types of child custody, depending on your situation.
You will either get physical or legal custody of your child, depending on what you request, and how well you present your case in court.
The best Virginia child custody lawyer will educate you on the two types of custody, categories, and the circumstances when filing either of them is appropriate.
Do you want to gain full custody of your children or want to have a voice in making important decisions regarding your child’s welfare, even if you lose custody?
If your answer is yes, legal custody is a promising solution, which you should consider.
If you hire a good Virginia child custody attorney to articulate your issues and highlight why you want such exclusive rights, you will play a part in deciding where your children go to school, the social values/religion that they grow up with, and where they can and or cannot travel.
Legal custody divides further into sole legal custody and joint legal custody.
Sole Legal Custody
When a Virginia court of law grants a person sole legal custody, he, or she has total authority over the child.
For instance, if the court rules in your favor, you will be able to make crucial decisions for your child or children, without consulting your spouse.
This happens on rare occasions. To gain legal custody, your Virginia child custody lawyer, must prove beyond a reasonable doubt that your spouse either has an untreated alcohol/drug addiction, serious mental illness, or has an abusive character.
Joint Legal Custody
Unlike single joint custody that favors one parent, joint legal custody grants ownership of children to both parents.
Both you and your spouse will have equal authority, when deliberating on issues revolving around your children. Furthermore, you will also share lodging rights (joint physical custody), according to a pre-drafted visitation schedule.
Joint legal custody is the more common of the two and is a suitable option to go for if you have a lesser chance of gaining full custody of your children.
Although legal custody grants both parents the power to make decisions regarding their children’s well-being, most of the time, only one parent lives with the children.
Physical custody differs with it in the following regard: If, through the intervention of a good Virginia child custody lawyer, a court of law in your locality grants you and your child physical custody, both of you will have an opportunity to live with your children, according to a specified schedule.
These schedules vary depending on the job profile of the two of you, ages of your children, and proximity of your living quarters to your children’s school, and other social amenities.
The best Virginia child custody lawyer can help you file a comprehensive case and highlight your qualifications for physical child custody.
When you are undergoing divorce in Virginia and anticipate a gruesome custody battle with your estranged spouse, you can file for either one of these two main types of custody.
If you have a good reason for divorce and can highlight that your spouse has serious limitations such as an addiction, mental illness, etc., and can harm your child if left unattended, filing for legal custody is your best bet.
On the other hand, if you are at a disadvantage, or have a lesser chance of gaining full custody of the child, filling for joint legal custody or physical custody will ensure that you are involved in their upbringing.
The best Virginia child custody lawyer will help you understand what the foregoing processes entail and help you to file custody cases in court while representing you throughout all court proceedings. You can also go to our homepage to find out more about divorce lawyers in Virginia.