There is no more important issue in marital separation and divorce cases than the safety, well-being, and happiness of your children
No parent should face legal proceedings affecting the custody or visitation of a child without an experienced attorney in his or her corner. Child custody and visitation determinations in Virginia law are committed to the discretion of the trial judge, who is required to consider certain factors under §20-124.3 of the Code of Virginia. The Court is supposed to rule in a way that is consistent with the “best interests” of the child. But without a skilled advocate in your corner, you could face an adverse decision that could profoundly affect your future and the future of your child or children.
Other family members, including grandparents, and persons with a “legitimate interest” in the child may also petition the court for custody or visitation rights. The possible conflict that can occur between a parent’s rights to custody of his or her child, versus the claims of grandparents or other family members, is an interesting and complex area of the law. All parties involved need to have experienced and effective representation.
Child custody and visitation orders can be modified by the Court upon a showing of one or more “material changes of circumstances” having occurred since the most recent custody and visitation order. However, even if the Court finds that a material change has occurred, the Court could still decline to alter the prior order if it finds that to do so would not be in the child’s best interests.
As with other family law issues, settlement of child custody and visitation disputes is to be encouraged. Resolution of these issues, with the assistance of skilled and experienced legal counsel, can save a great deal of time, money, and risk that can occur when these cases are tried before the Court. The attorneys at Simmons and Hodge can help you evaluate all the facts and circumstances to make the best determination for yourself and your child.
When Child Support is an Issue, You Need an Attorney Who Knows How to Maximize Your Rights Under Virginia’s Child Support Laws
Child Support is calculated using a “presumptive” guideline calculation that is set out in §20-108.2 of the Code of Virginia. The number of children involved, the gross monthly income of the parents, and other data are used to determine the amount. The Court can deviate from the guideline amount if certain facts are proven. Like child custody determinations, child support may be modified by the court based on a material change of circumstances. Though child support may seem relatively uncomplicated on the surface, it can be quite complex. The skilled attorneys at Simmons and Hodge can help you determine what terms of child support the court would likely impose in your particular circumstances.
If a person violates an order of custody, visitation, or support, the court can enforce its orders through its contempt power, in a proceeding called a “show cause.” If a person is held in contempt for violating a court order, the court can even impose a jail sentence, in addition to monetary penalties.
❓ Frequently Asked Questions (FAQs)
Q: At what age is a child able to decide with which parent they will live?
A: There is no age at which the child is entitled to make the decision on his or her own custody. This is for the court to decide, or the parents, if they agree. However, the reasonable preference of the child is a factor for the court to consider, if the child is of sufficient age and maturity to express a preference.
Q: Can the Court assign a lawyer to represent my child in the custody proceeding?
A: Yes, the court can assign an attorney called a “Guardian Ad Litem” to represent the child’s best interests. The attorney is required to investigate the case and make a recommendation of custody to the court.
Q: I want to move out of the state. Do I need to get the permission of the Court?
A: Yes, if there is an existing court order giving the other parent custodial or visitation rights, a parent would typically have to ask the court to modify the existing order to allow the out-of-state relocation.
Q: Do grandparents have the right to visit with grandchildren?
A: Grandparents are recognized as persons with a “legitimate interest” in the children, so they can petition for visitation with the grandchildren. However, they will not have a “right” to visitation unless the court awards it, after making appropriate findings. If both parents object to the grandparents having visitation, the grandparents would have to show that the children would suffer harm if the visitation were denied.
Q: What is the difference between legal custody and physical custody?
A: Legal custody refers to a parent’s right to make major decisions affecting the child’s welfare. Joint legal custody means both parents have an equal right to make decisions, whereas sole legal custody mean one parent has decision-making authority. Physical custody refers to the actual living arrangement. The parent with whom the children primarily live is said to have “primary physical custody.”
Contact the attorneys at Simmons and Hodge, PLC today
Call our office at 540-710-7800, or contact us online.
