Child Custody Lawyer Virginia
Child Custody Lawyer Virginia
If you and your child’s other parent are going your separate ways, you’re going to need to construct a formal child custody arrangement. In the event that you both intend to remain active participants in your child’s upbringing, the court will likely insist that you draw up a parenting agreement. A parenting agreement (also known as a parenting plan) is distinct from the child custody orders that the court will hand down as a matter of course.
If these distinctions seem overwhelming at first, don’t panic. An experienced child custody lawyer Virginia residents trust can help you to understand both the ins and outs of the law and how they will apply to your situation uniquely.
Child Custody vs. Parenting Plans – Differences and Similarities
It is important to understand that while the process of determining child custody and the terms of a parenting plan are very similar, the functions of these processes are distinct. The primary difference between determining custody and determining the terms of a parenting plan is that one concerns the legal rights of parents to make major legal and medical decisions on behalf of their children (legal custody) and where their children will reside (physical custody) and the other details the legally-enforceable expectations of how a former couple’s co-parenting situation will function (parenting plan).
In both instances, a Virginia child custody lawyer from our firm can help you to construct your wishes and come to a mutual agreement in re: these legal issues with your child’s other parent. In the event that you and your child’s other parent have fundamental differences over custody or parenting plan terms, our firm’s Virginia child custody lawyer team will aggressively advocate on behalf of your interests in court.
Crafting a Manageable Parenting Plan
Your parenting plan will govern the “everyday” of your co-parenting relationship. In addition to detailing when your child will reside with each parent and how holidays and special occasions will be managed, you and your co-parent can choose to address a variety of different issues within the body of your parenting plan. For example, you can detail who will be responsible for paying for certain extracurricular activities and who will be responsible for transporting your child between your two homes.
There are two primary things that you’ll want to keep in mind when constructing a manageable parenting plan. First, in the event of a dispute, the court will resolve your differences according to the “best interests of the child” standard. Therefore, you’ll want to keep your child’s best interests at the forefront of your mind throughout the drafting process. Second, you’ll want to set expectations that are clear enough that everyone involved can plan their lives accordingly but that are not so inflexible that they won’t allow “life to happen.” For example, indicating that you’ll be responsible for ensuring that your child is picked up from each day from school is a solid expectation. Mandating that you alone will pick them up at 3:00p.m. daily leaves no wiggle room for reasonable changes in either timing or pickup needs.
Transitioning from parenting in one home to parenting a child who is navigating two households is never easy. The experienced Virginia legal team at May Law, LLP can help to ensure that your needs and your child’s needs are met during this challenging time.
Get to Know May Law, LLP
If you are looking for a family law lawyer to deal with your child custody law battle in Virginia, you can count on May Law LLP to retrieve optimal results. They are an experienced law firm and they understand the intricate laws that make up the legal spectrum of family law in Virginia. May Law LLP is a respectable and understanding group of attorneys who know what it takes to get the results that you need. And they understand that if you want to discuss the personal details of your case with the child custody lawyer in Virginia, that you have other choices. But May Law LLP believes they are your best child custody lawyer in Virginia and that you should call them today.
Filing for divorce in Virginia requires that you have to be a legal resident of Virginia for six months before filing for divorce, if you have any children that are under 18 then The couple must Separate for one year before filing, however if they do not have children they can file for divorce after living separately for six months if both spouses enter a separation agreement which establishes how property will be divided.
Often times filing for divorce in Virginia is going to consist of filing certain forms with your local Circuit Court, each county has their own rules and may have different forms so you should make sure that you have the required forms from your local courthouse to ensure that you are not filling out forms that are of no use to you.
In Virginia a couple can have an uncontested divorce, which means that both spouses agree on every matter of the divorce, and these are the type of divorce that are settled quicker and are less expensive. To seek an uncontested divorce the parties must agree to file for a no-fault divorce meaning that neither spouse is listed as being at fault for the marriage ending. To be eligible to obtain an uncontested divorce both spouses either agree on every issue, regarding property and children as well. A joint separation agreement is to be signed in which the spouses divide up their assets and responsibilities following the divorce, if the couple has minor children and they must also include provisions about visitation, custody, child support and insurance coverage.
However if you not lucky to have an uncontested divorce and you may need a child custody lawyer in Virginia, and in Virginia there are two types of child custody legal custody and physical custody. Physical custody is going to refer to where the child spends the majority of their time while legal custody refers to the right to make important health, education, religion and welfare decisions for the child. You may have both types of custody, or it may be share between the parents jointly. With so custody one person understands responsibility for the care and control and has the primary authority to make decisions concerning the child, so custody means that the child lives with one parent only and the noncustodial parent has visitation rights. However joint legal custody means both parents retain joint responsibility for the care and control of the child and authorities to make decisions concerning said child.