Virginia courts prioritize what’s best for the child, not a parent’s gender. Both mothers and fathers are considered equally when seeking custody. The court considers factors such as the bond each parent shares with the child, the stability they provide, and their ability to meet the child’s needs.
Custody & Visitation
Child Custody Lawyers
In a divorce situation or other circumstances where two parents do not live together, custody and visitation can become a volatile issue. To protect your rights and ensure the best for your children, a solid understanding of your legal footing is essential. The best way to gain that footing is to hire a compassionate custody and visitation attorney. Your attorney will be an advocate for your needs and rights, no matter the state of your relationship with your child’s other parent.
Types of Custody
Under Virginia statutes, there are two types of child custody; physical and legal. If joint legal custody is the arrangement ordered by the court, both parents are liable for the development of the child, and they share the rights and responsibilities of decision making. Considering custody can include both physical and legal elements, there are several custody combinations that are options.
One parent can have primary physical custody, but both parents can share joint legal custody. This means they must communicate about essential decisions in the child’s life, such as where they go to school and their religious upbringing. If there is shared physical custody, the child splits time between both parents. For example, they might alternate weeks or live with one parent during the school year and the other during the summer. Many times, courts will award joint legal custody between both parents even if it awards primary physical custody to one parent.
Sole custody is much less common in Virginia. In this situation, one parent assumes responsibility for the well-being and upbringing of the child. Situations that might warrant a sole custody situation include:
- If both parents cannot communicate or agree with each other
- If one parent constantly undermines the other and attempts parental alienation
- If one parent has abused the child
- If visitation or access to the child has been unreasonably been denied
Your custody lawyer can help you determine your needs and wants and what you believe to be in the best interest of your child when it comes to custody. Then they can help you negotiate with your child’s other parent or represent you in court and present your desires and concerns to a judge.
Custody Case Factors Considered by the Court
Courts review several different factors in the lives of the parents and the child before determining how custody should be divided. Keep in mind that their duty is to uphold the best interests of the child, not to do what is best for you or the child’s other parent. Some of the factors they consider when making this decision include the:
- Current custody arrangements
- Primary caregiver
- Preference of the child
- Parent-child relationship
- The ability of each parent to co-parent effectively and cooperatively
Child Custody Problems or Concerns? A Custody and Visitation Lawyer Can Help
The attorneys at Mahoney Richmond Thurston, PLLC, can provide you with compassionate and affordable representation for child custody matters. We know how deep custody issues run and how these orders can impact your life. We help you set realistic expectations and are here to address all of your questions and concerns. Contact us to schedule your custody case review today. Our experienced custody lawyers help families resolve tough legal issues every day, and we may be able to help you too.
FAQs About Child Custody in Virginia
Do mothers have a better chance of obtaining custody?
How does the court handle physical custody for infants or very young children?
The court recognizes the unique needs of infants and very young children, including the importance of a consistent primary caregiver. One parent may be granted primary custody initially, but visitation schedules often evolve and adapt as the child grows older. Things like breastfeeding, routines, and each parent’s availability play an important role in the decision.
What happens if a parent violates the custody agreement?
Violating a custody agreement is a serious issue. Depending on the situation, the court may grant makeup parenting time, require supervised visits, or even adjust the custody arrangement. Keep detailed records of any violations and reach out to your attorney for guidance on what steps to take next.
What should I expect during a custody hearing?
Custody hearings focus on evidence about your parenting abilities and your connection with your child. Both parents will have a chance to share their side, and in some cases, the judge might speak privately with the child. Hearings are focused entirely on what is best for the child, and they often last just a few hours.
What evidence is helpful in a custody case?
Helpful evidence might include school and medical records, communication logs between you and the other parent, and witness statements. Anything that shows your active involvement in your child’s life, like photos, calendars, tracking parenting time, or character references, can strengthen your case.
Andrew T. Richmond 
Reeves W. Mahoney
Nicole M. Thurston
Jessica N. TrotmanVirginia Beach Location
Phone
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing contact information, users acknowledge and give explicit consent to be contacted via the methods of communication provided, including SMS. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out.
NUVEW Copyright 2025 All Rights Reserved | Disclaimer | Accessibility Notice
