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Manassas Child Custody Lawyer

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Manassas Child Custody Attorney

Divorce or separation proceedings that involve children frequently see custody and visitation as the most disputed issue. As a devoted parent, your child’s well-being and future are undoubtedly your deepest concerns. If this is you, you need a Manassas child custody lawyer who can protect your rights and your child’s best interests.

Virginia Courts and the Best Interests of the Child

Virginia courts always give primary consideration to the best interests of the child when determining child custody, and a Manassas family law attorney can explain what this means in terms of the law. The judge will evaluate a list of factors to reach a decision, including:

  • The child’s age and physical and mental condition
  • The relationship between each parent and the child
  • Any history of physical abuse or substance use by either parent
  • Each parent’s ability to accurately meet the child’s emotional, intellectual, and physical needs
  • The role each parent has played and will play in the child’s care
  • How willing each parent is to support the child’s contact and relationship with the other parent

Ultimately, the court’s decision is guided by what will promote the child’s overall well-being, stability, and development, with the goal of ensuring frequent and continuing contact with both parents if that is what is appropriate.

Types of Child Custody

Virginia statutes recognize two primary types of child custody, physical and legal custody. Most arrangements ordered by the Prince William County Juvenile & Domestic Relations (JDR) District Court combine those elements.

Legal custody refers to the parents’ rights and responsibilities regarding major decisions about the child’s upbringing. These decisions include matters of education, healthcare, and religious involvement. Legal custody may be joint or sole.

  • Joint legal custody: Both parents share these decision-making rights and responsibilities. This is a common arrangement, even when one parent has primary physical custody.
  • Sole legal custody: Only one parent has primary physical custody.

Physical custody dictates where the child lives. A reported 80% of custodial parents in the U.S. were mothers, while 20% were fathers, but the number of fathers with primary custody is growing. These forms of custody are as follows:

  • Primary physical custody: The child resides mainly with one parent, while the non-custodial parent has visitation.
  • Shared physical custody: The child splits time significantly with both parents (for example, alternating weeks, or school year with one parent and summer with the other).

Sole Custody

Sole custody, where one parent holds all physical and legal rights, is much less common in Virginia. Courts reserve this determination for situations where joint involvement would be detrimental to the child’s welfare. Situations where the court might award sole custody include:

  • A documented history of abuse
  • The parents’ inability to communicate or agree on critical decisions
  • Attempts by one parent to constantly undermine or alienate the child from the other parent
  • An unreasonable denial of visitation or access to the child by one parent

Child Custody Modification

Even though child custody orders are legally binding, there are situations where the order may need to be changed over time because the lives of children and parents are ever-evolving. As children grow, their interests, schedules, and needs evolve. A parent might experience a major shift in their lives, such as moving, changing jobs, or work schedules. When situations like these occur, the original terms of a child custody order may no longer be practical or work.

In Virginia, parents can formally address these changes by petitioning the court for a modification to the current child custody order. To approve a change, the court must find that there has been a substantial change in circumstances. Ultimately, the court’s decision will prioritize the best interests of the children.

Why Choose Taylor Huguley Powers PLLC for Your Child Custody Needs?

Our Manassas family law attorneys have extensive experience handling a wide spectrum of custody matters, including contentious disputes between uncooperative spouses, amicable arrangements involving unmarried parents, and cases that include grandparents, stepparents, and other relatives.

Whether you are seeking an initial custody determination or need to modify a current custody order due to a change in circumstances, our dedicated family law attorneys are ready to assist you. We are here to protect your parental rights and ensure the resulting custody arrangement truly serves your child’s best interests in Manassas.

FAQs

How Is Child Custody Determined in Virginia?

The court’s primary consideration is always to serve the best interests of the child. The judge will consider a list of factors, such as the child’s age and needs, each parent’s fitness to be a parent, the relationship between each parent and child, and the willingness of each parent to support the child’s relationship with the other parent.

Does Virginia Law Prefer the Mother Over the Father?

Can a Parent Modify a Custody Order?

Can Grandparents Have Custody and Visitation Rights?

Hire a Child Custody Lawyer

Child custody cases are often the most challenging and sensitive matters in family law. The compassionate legal team at Taylor Huguley Powers PLLC understands the immense emotional weight and how high the stakes are. A Manassas child custody lawyer from our firm is ready to provide the guidance and committed advocacy you need to secure the most positive outcome for your family. Contact us today for a confidential discussion about your child custody concerns.

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