Charlottesville Child Custody Attorney

When your relationship ends, one of the biggest questions is, what will happen with the kids? Parents often disagree about how child custody and parenting time should be handled, and these are important and emotionally charged issues. Understanding how custody works in Virginia and your options can help determine how you want to proceed.

Whether you are seeking full custody or believe that shared parenting is best for your children, Seiden Legal Group, PLLC, can help. Call our office today to schedule a meeting with an attorney to get your questions answered.

It’s important to distinguish between legal custody and physical custody. Legal custody refers to who has decision-making power. When parents share legal custody, they both have a say in the major decisions involving the children. A sole legal custody arrangement generally means that only one parent has decision-making ability and does not need the agreement of the other parent to proceed.

Physical custody is more commonly referred to as parenting time now and refers to how the children split their time between the parents. Sole physical custody is usually when one parent is named the residential parent, and the other parent has fairly minimal parenting time, such as every other weekend or a few evenings per week. Joint physical custody most often refers to an arrangement where the parents split the time evenly — or as close to evenly as possible.

Child custody and visitation matters are often some of the most contentious parts of a divorce or separation. If both parents want full custody or they are not able to reach an agreement on what’s best for the children, a judge will have to decide. However, alternative dispute resolution methods, such as mediation, can be used first to see if a compromise can be made.

In some cases, a grandparent or another family member can be awarded custody of a child. However, this generally only applies to specific circumstances, such as if a parent is incarcerated or is undergoing medical treatment and is temporarily unable to act as a legal guardian. These are complex cases, so it’s important to discuss how this works and what’s required to file with an attorney.

It’s impossible to predict and plan for every possible scenario when deciding custody and parenting time. It’s normal for the needs of the children and the family to change as time passes. For example, a parent may need to relocate for their job, which would necessitate a change in custody. It’s possible to ask for a modification of a child custody order through the legal system. Both parents will need to agree to the change voluntarily, or the parent proposing the change will generally need to show that the modification will be in the best interests of the children.

Whether you have questions about child custody, child support, spousal support, or other family law matters, the law firm of Seiden Legal Group, PLLC, is here to help. Reach out to our office today to set up a time to meet with an attorney and discuss your options.