What You Can Expect During a Child Custody Case
Aside from ending a relationship, custody battles are often one of the most emotional and complex aspects of the divorce process. Hiring the right New Kent Child Custody Lawyer can make this difficult process smoother with their professionalism and expertise. Whether you’ve gone through a divorce before or you’re dealing with your first one, you will need to understand the basics of child custody in Virginia.
How Virginia Judges Make Custody Decisions
Hiring the right attorney When you need to have the court resolve your custody disputes, the judge will first evaluate what is best for the child, based on the following factors:
- The age and physical and mental health of the child
- Each parent’s age and physical and mental health
- The relationship existing between each parent and the child, focusing on the positive involvement with the child’s life as well as the parent’s ability to accurately assess and meet the child’s emotional, intellectual and physical needs
- The needs of the child; including relationships with siblings, peers, and extended family
- The role that each parent plays in the child’s upbringing
- The propensity of each parent to actively support the child’s relationship with the other parent
- The willingness of each parent to maintain a close and continuing relationship with the child
- The ability of both parent’s to cooperate and resolve disputes regarding the child
- The child’s reasonable preference, if the court finds that the child is of reasonable intelligence, understanding, age, and experience to express a preference
- Any history of family abuse, child abuse, sexual abuse, or any violent acts or threats within the past 10 years
- As well as any other factors the judge thinks are relevant and important to the case.
Judges may not give a preference to one parent over the other based on gender. In the end, however, they have wide latitude when making custody decisions, and they may decide how to weigh these different factors. However, judges do need to communicate the reasons for their decisions.
Montgomery Kelley & Dennett are here to help!
Here at Montgomery, Kelley & Dennett we pride ourselves in being world-class Child Custody Lawyers to each client we serve. We look forward to serving you and all your legal needs in the New Kent, Williamsburg, James City, Yorktown & Hampton areas. Call Now! 757.229.8284