Establishing Child Custody And Parenting Plans In Virginia

Child custody cases can easily escalate into the most high-conflict aspect of the divorce process. Our experienced family law attorneys are well-versed in navigating the difficult terrain of custody arrangements. Our legal team helps clients come to equitable solutions that are in the best interests of their children.

Understanding Custody In Virginia

Unlike some states, Virginia does not mandate a presumption of joint or shared custody between the parents. In any child custody case, Virginia courts determine custody arrangements by evaluating what is in the best interests of the child. Custody options include:

• Legal custody: The court may award joint legal custody, where both parents share control and decision-making for the child, or sole legal custody, where one parent is empowered to make all the important decisions for the child. This is independent of physical custody.
• Physical custody: The court may award primary physical custody to one parent where the child resides primarily with one parent and has visitation or “parenting time” with the other noncustodial parent. The court could also award shared physical custody, where both parents share parenting time with a set schedule.

While the court can award sole physical custody, it is exceedingly rare unless there is evidence of domestic violence, substance abuse or neglect. Even in these situations, a court could provide for supervised visitation. For example, a court can make custody decisions and order supervised visitation during a protective order hearing.

Child Custody Beyond Divorce

Sometimes, child custody issues arise beyond divorce scenarios. Our legal team can advise parents who were never married. We can protect parental rights or establish child support obligations. Custody cases for parents who have never been married will go to juvenile court. We have extensive experience in:

• Arlington Juvenile & Domestic Relations Court
• Fairfax Juvenile and Domestic Relations District Court
• Alexandria Juvenile and Domestic Relations District Court

Additionally, we also help third parties, like grandparents, pursue custody or visitation options when it is in the best interests of the child.

In addition, sometimes, it is necessary to revise child custody decisions after a divorce has been finalized. In the event your circumstances have significantly changed, we can help you seek a modification of your custody order or your visitation and parenting plan.

Consult An Arlington Child Custody Lawyer

At Schmergel Family Law, PLC, we take a team approach to your representation. This boutique approach allows you to gain the benefit of agile responsiveness that facilitates effective resolutions.

We help clients from all over northern Virginia with their child custody challenges. To schedule an appointment, call our Arlington office at 703-763-2645. You can also send us a message through our website. We look forward to answering your questions and telling you more about how we can help you with your case.