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Child Custody

Norfolk Child Custody Lawyer

Your kids mean the world to you and you will do whatever it takes to keep them happy, safe and secure. We get that. Our firm cares about the future of your kids and the future of your family, which is why we constantly keep your children's best interests at heart throughout the duration of a divorce case. We know that after you have made the decision to follow through with a divorce most likely the biggest concern on your mind is "what about my kids?" Let us put your questions and concerns at ease.

The Different Kinds of Custody

There are many forms of child custody and these include:

  • Temporary custody - this refers to who has custody of the child during the beginning of the divorce proceeding
  • Split custody - this is where each parent obtains full physical custody over a child (this often occurs when a child is too young to give his/her preference)
  • Joint custody - there are two forms of joint custody. In joint legal custody the parents share care and control of the upbringing of the child, but the child has only one primary residence. In shared physical custody the child has two residences and spends equal or close to equal time with both parents. Sometimes parents will choose one residence for the child and take turns living there on a rotating basis.
  • Sole custody - is when one parent has both legal and physical custody of the child. That means that one parent has the right to make plans about the child's education, religious training, discipline, medical care, and all other issues concerning the child's welfare. It also means that parent also has the child in physical custody with them.

No matter what custody issues you are currently dealing with, Curcione Law, PLC can provide you with the counsel and guidance you desperately need. You don't have to remain in the dark any longer! Allow our firm to assuage your fears and walk you through each legal aspect of child custody in Virginia.

What the Court Takes into Consideration

Virginia courts consider a variety of factors before making child custody decisions, some of the factors include:

  • The age, physical and mental condition of your child/children
  • The age, physical and mental condition of you and your spouse
  • Any history of family abuse
  • The child's wishes (if he/she is of a sufficient age to be able to express a preference, typically this 'sufficient age' is 12 or older)
  • The role each parent plays in the children's upbringing
  • The child's needs (such as relationship with other family members)
  • Each parent's willingness to invest in his/her relationship with the child and their view of the child's relationship with the other parent

If a parent has been convicted of murder, voluntary manslaughter, felony assault, or felony sexual assault, he/she may be prevented from having custody. If you and your partner are not married, then the child is his/her mother's. In order for a father to assert his right to custody, he will have to undergo paternity testing.

Need legal help? Call Curcione Law, PLC!

If you and your soon to be ex have come to an agreement about custody and visitation already, you will want to write out your stipulation and consent order. Be specific so as to avoid future conflict! If you are having trouble agreeing on custody issues, mediation might be a good avenue for you to explore.

The court has the power to suggest mediation. Or perhaps you wish to seek a modification of custody; no matter what aspects of custody you are currently dealing with, a competent attorney from Curcione Law, PLC can guide you through any custody issues in a clear and helpful manner!

Call our firm today and take immediate action to get your custody questions answered and your custody disputes resolved!