For parents involved in a divorce or breakup, one of the biggest concerns is how the custody of their children will be arranged. If you are faced with a divorce or custody dispute, you want to make sure that your kids will be okay and that your relationship with them will remain strong. The best way to ensure that is to work with an experienced custody attorney who takes the time to listen to your concerns and your goals for your family—and then works to achieve them. To work with attorneys who put your family first, contact Johnstone Law today.

Understanding Physical and Legal Child Custody in Virginia

When we talk about child custody, we are really talking about two different things: where the child will live (physical custody) and who makes major decisions for the child (legal custody). In most cases, the child will live with one parent primarily and visit with the other parent on a predetermined schedule. However, in other cases, the child may live more or less equally with both parents in what is called shared physical custody.

In terms of legal custody, most parents will have joint legal custody of the child, meaning that the parents are expected to consult with each other in making major medical, religious, and/or educational decisions affecting the child. Less frequently, a court may determine that one parent should have sole legal custody of the child. Joint legal custody is much more common, because in most cases it is best for children to have both parents to be deeply involved in the choices that affect them.

Most of the time, parents know their children’s needs better than a judge, and that’s why it is usually preferable for parents and their counsel to work hard to identify and agree upon a parenting plan that meets the needs of the child.

Virginia Parenting Plans

A parenting plan is a document that addresses a number of issues that families need to deal with in separation or divorce. In essence, it is a road map that resolves potential disputes about issues related to the children before a conflict arises. Parenting plans typically outline details regarding:

  • Physical and legal custody of the children
  • A schedule for when the children will routinely spend time with each parent, as well as how holidays, vacations, birthdays, and other special occasions will be handled
  • How and when parents will communicate regarding the children and their needs
  • Logistical issues, such as how the children will be transported between parents’ homes for scheduled time with each parent
  • How schedules or other arrangements may be adjusted if there is a temporary need for flexibility
  • How disputes about parenting issues will be resolved if they arise

Parenting plans are not required in all Virginia custody cases, but they are encouraged because they help families to navigate custody, visitation, and parenting in a way that works for them. If you and your children’s other parent can’t work out a parenting plan on your own, you may be able to reach agreement with the help of your child custody attorneys or a mediator.

How Virginia Courts Decide Custody

When parents can’t reach agreement on a parenting plan even with professional help, the court has to determine custody and visitation based on the best interest of the child. The court must consider the “best interest” factors set forth in the Code of Virginia § 20-124.3, which include:

  • The age, physical, and mental condition of the child
  • The age, physical, and mental condition of each parent
  • The relationship between each parent and the child
  • The needs of the child, including other important relationships
  • The role that each parent has played and will play in the child’s upbringing
  • The willingness of each parent to support the child’s relationship with the other parent
  • The willingness and ability of each parent to maintain a close and continuing relationship with the child and to cooperate with one another in resolving disputes about matters related to the child
  • The child’s reasonable preference, if the child is mature enough to express one
  • Any history of family abuse
  • Any other factors the court deems relevant

Sometimes, it is necessary to have the court step in and make a determination about custody and visitation, and the attorneys of Johnstone Law are effective courtroom advocates when needed. However, court battles over custody can be stressful and costly for everyone involved, so they should be a last resort. At Johnstone Law, we try to help parties and their families reach their own custody agreements to minimize conflict and expense.

Work with an Experienced Roanoke Custody and Visitation Attorney

Reaching a custody agreement doesn’t have to be a contentious process. Having an experienced attorney can make the experience and the outcome better for you and your children. Johnstone Law offers over 27 years of experience in Virginia family law, and our practice is devoted exclusively to family law, including custody and visitation matters. Our experience often allows us to reach a favorable resolution for our clients with a minimum of fighting and expense.

At Johnstone Law, our priority is helping you to create the life you want for yourself and your children. To learn more about how we can help you establish, modify, or enforce a parenting plan, contact Johnstone Law today.