Forms of Child Custody in Virginia
While custody and visitation cases can be stressful, know that one way to reduce your concerns is by speaking to an experienced Virginia child custody lawyer who can explain the different forms of child custody in Virginia available for your situation. Each parent has a fair chance to argue and ask for custody. Become acquainted with the following information to learn more about the different forms of child custody in Virginia, as well as the difference a professional Virginia family attorney can make in your case.
Categorizations of Custody
There are a few different types of custody the court will award to parents. The available forms of child custody in Virginia include sole custody, joint custody, and legal custody. A dedicated Virginia family lawyer can help walk parents through the details of these agreements, as well as what goes into determining a child’s best interest in Virginia child custody cases.
Sole Custody
Sole custody is when one parent possesses the primary responsibility for the child and has the right to make decisions for the child’s care and control. With this type of custody, the sole custodian has the right to make all day to day decisions for their child.
Joint Custody Agreements
Joint custody agreements can be made in a number of different ways. One way is when both parents have equal rights to care and control their child, as well as equal authority to make decisions even if the child lives mainly with one parent. Another form of joint child custody is when both parents have equal physical custody of the child, as well as rights to make decisions for their child. In this type of agreement, the child will live with each parent 50 percent of the time. The last type of joint custody is when the court decides on a form of split physical and legal custody that the court believes is best for the child.
Full Legal Custody
One parent may have full legal custody. Legal custody can be established through some form of joint custody. Otherwise, one parent may have legal custody when they have the right to have the child live with them and make decisions for the child.
When custody is not shared and equal, one parent has the right to visitation. The custodial parent will be the one the child lives with. The non-custodial parent is the parent with visitation rights and generally also the parent with the obligation to pay child support.
The Role of an Experienced Family Lawyer
The first thing an attorney can do for you is to explain the law and what forms of child custody in Virginia you can expect for your situation. They can help walk you through the process, as well as provide you with valuable options for your lifestyle. Depending on your circumstances, you may be able to come to an agreement with the other parent without having to go to court. In these cases, your lawyer will not only advocate for what you want in custody but also draw up an agreement that the court will approve. If you require legal assistance for obtaining your custody agreement, reach out to a weathered Virgina family lawyer today to gain an aggressive advocate for your family.