Child Custody Lawyers

Few challenges are more difficult than raising a child with someone you are no longer in a relationship with. Separation and divorce do not end your responsibilities as a parent, but they can create uncertainty about where your child will live, how decisions will be made, and how much time you will have together. When so much is changing, protecting your relationship with your child becomes one of the most important priorities.

For decades, parents throughout Virginia Beach, Hampton Roads, and the surrounding communities have turned to Mahoney Richmond Thurston, PLLC, for guidance through difficult family law matters. Our attorneys help mothers and fathers pursue custody and visitation arrangements that protect their parental rights while supporting their children’s well-being and future.

Who We Help

Not everyone is tackling parenting under the same circumstances, so custody matters can look very different from family to family. At Mahoney Richmond Thurston, PLLC, we have worked with:

•   Divorcing Parents: We assist parents who are separating and must determine where their children will live, how often each parent will see them, and who will have the authority to make important decisions about their education, healthcare, and religious upbringing.
•   Unmarried Parents: We help unmarried parents obtain formal court orders to establish paternity, parenting time, decision-making authority, and child support.
•   Parents Seeking to Modify or Enforce an Order: We represent parents who need to change an existing custody order because of new circumstances or enforce a plan when the other parent is not following it.
•   Parents Facing Relocation: We support parents in relocation cases when one parent wants to move, or when parents already live far apart, and the current schedule is no longer practical.
•   Parents in Contested Custody Cases: We guide parents who cannot agree on parenting time, school choice, healthcare decisions, or other arrangements that affect their child’s well-being.

If any of these situations sound like yours, our Virginia Beach child custody attorneys are ready to meet with you.

Understanding Child Custody in Virginia

Virginia law recognizes two distinct types of custody: physical custody and legal custody. Understanding the difference is important because courts can award them independently of each other, and the combination that applies to your case will shape your day-to-day life as a parent.

Physical Custody vs. Legal Custody

Physical custody refers to where the child lives and who provides for their daily care. Legal custody refers to the authority to make significant decisions about the child’s life, including education, medical care, and religious upbringing.

These two types of custody are not always awarded to the same parent or in the same form. There are several possible arrangements:

• Joint Legal Custody with Primary Physical Custody to One Parent: Both parents share decision-making authority, but the child lives primarily with one parent. The non-custodial parent typically has a regular visitation schedule.
• Joint Legal Custody with Shared Physical Custody: Both parents share decision-making authority, and the child splits time between both homes. This might look like alternating weeks or a schedule built around the school year.
• Sole Custody: One parent assumes full responsibility for the child’s well-being and upbringing. This arrangement is less common in Virginia because courts generally want both parents involved in a child’s life.

When Sole Custody May Apply

Virginia courts prefer arrangements that keep both parents actively involved. That said, there are situations where sole custody may be appropriate, including when:

• Both parents are unable to communicate or cooperate.
• One parent repeatedly undermines the other or attempts parental alienation.
• One parent has abused the child.
• Visitation or access to the child has been unreasonably denied.

Your custody attorney can help you assess whether sole custody is a realistic goal in your situation and help you present a compelling case to the court if it is.

Factors Courts Consider When Making Custody Decisions

Courts do not make custody determinations based on what either parent wants. Their obligation is to uphold the child’s best interests. In reaching that determination, Virginia courts look at several factors, including:

• Current custody arrangements
• Who has served as the child’s primary caregiver
• The preference of the child, depending on age and maturity
• The nature of the parent-child relationship for each parent
• The ability of each parent to co-parent effectively and cooperatively

Why Trust Mahoney Richmond Thurston, PLLC With Your Custody Matter?

Child custody disputes are about more than legal rights. They are about your role in your child’s life, the decisions that shape their future, and the stability they will have as your family moves forward. The attorney guiding you through this process should understand both the legal and personal stakes involved. Here is why you can put your trust in Mahoney Richmond Thurston, PLLC:

• Family Law Is All We Do: Every attorney at our firm has dedicated their career to family law. We are a focused practice that does not handle custody cases on the side. This focus shows in the depth of knowledge we bring to every client.
• Clear, Realistic Guidance: We help you understand your options and your situation. We set realistic expectations and address all your questions and concerns so you always know where you stand.
• A Team Approach to Difficult Cases: When a case is especially challenging, our attorneys work together, drawing on their collective knowledge to develop creative, effective strategies.
• Flexible Resolution: We can help you seek a favorable custody arrangement through conflict resolution methods or represent you in the courtroom. We are prepared for both.
• Award-Winning Attorneys: Our founding attorneys have earned some of the legal field’s most respected recognitions, including Best Lawyers in America, Top Attorneys in Virginia by Richmond magazine, Top Attorneys in Hampton Roads by Coastal Virginia and CoVa Biz magazine, Super Lawyers, Virginia Legal Elite, Best Lawyers: Best Law Firms by U.S. News and World Report, and the Martindale Hubbell AV Preeminent rating.

Child Custody Problems or Concerns? Schedule a Case Review

At Mahoney Richmond Thurston, PLLC, we know how deeply these issues affect families and how lasting these orders can be. Our experienced Virginia Beach child custody attorneys help families resolve tough legal issues every day, and we are ready to help you, too. Contact us today to schedule your custody case review.

FAQs About Child Custody in Virginia