One of the most challenging aspects of a divorce case is how to establish a formal parenting plan that addresses the custody and visitation arrangements concerning your child.
There are generally two areas of custody to be addressed in a parenting plan: legal custody and physical custody. If a parent has been awarded sole legal custody, he/she can make unilateral decisions. Legal custody is the right to make decisions on behalf of the child. Typically these decisions concern medical care, education, and religious training. Legal custody may be joint or sole. If parents have been awarded joint legal custody, such decisions must be agreed upon if a parent has been awarded sole legal custody, he/she can make unilateral decisions concerning the child. Physical custody concerns where the child lives and who has the responsibility for supervising the child at a specific time. The time spent with the non-custodial parent is often referred to as “visitation”.
In some cases, the courts will order supervised visitation to ensure that the child’s contact with the parent is safe. The most common type of visitation is unsupervised visitation, meaning a parent spends time with his or her child alone. During the scheduled visitation, the parent will visit their child at an approved location and under the supervision of an approved individual, usually a licensed therapist or social worker.
In determining the best interests of a child for the purposes of determining custody and visitation, the court and attorneys will consider the following 10 factors set forth in Virginia code section 20-143.3:
Our attorneys understand that you want to protect your children and do what is best for them. We offer our clients the care and compassion they need while fighting diligently for the most favorable outcome for them and their children. Our extensive experience handling child custody and visitation cases allows us to efficiently represent your interests in court.
We can help you explore the child custody and visitation options that are best suited for you and your children. Call us today at (571) 328-5020 or request a consultation to speak with a child custody attorney at Curran Moher Weis.