Child Custody Considerations in a Virginia Contested Divorce

The breakdown of a marriage can be a difficult and emotional experience, especially when children are involved. Child custody matters are of utmost importance in a contested divorce, as they directly impact the well-being and future of the children. In the Commonwealth of Virginia, the court always prioritizes the best interests of the child when determining custody arrangements. Understanding the key considerations involved in child custody cases can help parents navigate the legal process more effectively.

Types of Custody in Virginia

Virginia law recognizes two main types of custody: legal custody and physical custody. Legal custody refers to the authority to make important decisions regarding the child’s welfare, such as education, healthcare, and religious upbringing. Physical custody, on the other hand, concerns the child’s living arrangements and the time they spend with each parent.

In most cases, the court encourages joint legal custody, as it promotes the child’s ongoing relationship with both parents and allows them to participate equally in decision-making. However, the court will consider factors such as the ability of the parents to cooperate and communicate effectively before granting joint legal custody.

Best Interests of the Child

When determining child custody arrangements, the court places significant weight on the best interests of the child. Virginia law outlines several factors that the court considers in assessing what is in the child’s best interests, including:

• The age and physical and mental condition of the child
• The child’s relationship with each parent
• The ability and willingness of each parent to maintain a close relationship with the child
• The child’s preference, if the court believes they are of sufficient maturity to express a reasonable preference
• The role each parent played in the child’s upbringing and their willingness to continue doing so
• The ability of each parent to provide a stable home environment
• The level of cooperation between the parents and their ability to resolve disputes regarding the child’s needs
• Any history of abuse, neglect, or domestic violence by either parent

By considering these factors, the court aims to create a custody arrangement that promotes the child’s physical and emotional well-being and fosters a healthy relationship with each parent.

Child Custody Evaluation

In some cases, the court may order a child custody evaluation to assist in making a custody determination. A custody evaluator, typically a mental health professional or social worker, will conduct interviews, observe interactions between the child and each parent, and evaluate various aspects of the child’s life to make informed recommendations to the court.

The evaluator’s report can provide valuable insights into the child’s relationship with each parent, the child’s preferences, and other relevant factors. However, it is important to note that the court is not bound by the evaluator’s recommendations and will make the final custody decision based on its assessment of the child’s best interests.

Modifying Custody Orders

Child custody arrangements are not set in stone and can be modified if there is a significant change in circumstances that affects the child’s well-being. For the court to consider modifying an existing custody order, the requesting party must demonstrate a material change of circumstances and provide evidence that modifying the order is in the child’s best interests.

Examples of circumstances that may warrant a custody modification include a parent’s relocation, a change in the child’s needs, situations involving abuse or neglect, or one parent consistently disregarding the terms of the existing custody order.

Consult a Knowledgeable Divorce Attorney

Navigating child custody considerations in a contested divorce can be complex and emotionally challenging. It is crucial to seek the guidance of an experienced contested divorce attorney who understands Virginia laws and can advocate for your child’s best interests. At Magee Goldstein, our team of skilled family lawyers is dedicated to providing compassionate and knowledgeable representation in child custody matters. Contact us today to schedule a consultation and protect your rights as a parent.