Category Archives: Child Custody

Virginia Child Custody

Virginia Child Support

Virginia Child Support

Under Virginia law, both parents have an absolute duty to support their children. Virginia has enacted child support guidelines that control the award of child support in Virginia. The Virginia child support guidelines consider the combined income of both parents as well as the cost of medical insurance for the children, extraordinary medical expenses, the cost of daycare, and the support being provided for other children.

The Virginia child support guidelines are presumed to provide the correct level of Virginia child support. In Virginia, the court will rarely deviate from the statutory child support guidelines. However, if the court were to deviate from the guidelines, the court would find that the presumption favoring the Virginia child support guidelines has been overcome. The court will apply the following factors to determine whether to deviate from the Virginia child support guidelines:

* Actual monetary support for other children or family members;
* Arrangement regarding custody of children;
* Imputed income to a party who is voluntarily unemployed or voluntarily underemployed
* Debts of either party arising during the marriage for the benefit of the child;
* Debts incurred for the production of income;
* Independent financial resources of the child;
* Earning capacity, obligations and needs, and financial resources of each parent;
* Written agreements between the parties as to amount of child support;
* other relevant considerations.

Virginia allows for the collection of child support through income withholding orders. Additionally, when the amount of support no longer represents the situation of the parties, Virginia courts can modify the amount of support ordered. For additional Virginia child support information and legal advice:

Contact a Virginia child support lawyer

Virginia (VA) criminal defense, divorce, child custody, reckless driving, dui and federal court attorney representing clients throughout Virginia. Some of the jurisdictions served include:

Henrico County VA, Richmond City, Chesterfield County VA, Hanover County VA, Petersburg County VA, Fairfax County, Prince William County, Hopewell, Petersburg, Dinwiddie, Quantico, Virginia Beach VA, Norfolk, Chesapeake, Fredericksburg, Stafford, Spotsylvania VA, Hampton Roads, Newport News, Hampton, Williamsburg, Amelia, Powhatan, Goochland, Louisa, Manassas VA, Woodbridge, Charles City, James City, Gloucester, Tidewater, Portsmouth, Shenandoah, Prince George, Sussex, New Kent, West End of Richmond, Glen Allen, Federal Court for the Eastern District of Virginia (Richmond, Alexandria, Norfolk, and Newport News Divisions).

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Virginia Child Custody

Virginia Child Custody

As your Virginia child custody attorney, our firm handles Virginia child custody litigation. However, if you are not pursuing the best interests of your child or children, we encourage you to seek child custody representation elsewhere.

If you are seeking high-quality child custody legal representation to protect the best interests of your child in Virginia… we are your child custody attorney.

Perhaps the most difficult and emotional part of a divorce or separation is the determination of where the children will reside.

Our clients come to us with many questions, concerns, and worries about their children… where will the children reside, what parent will have custody or visitation, can custody be shared, how do I keep my children safe from an abusive ex, and many others. We have handled many child custody cases, from those where the parties enter into a parenting agreement, to those requiring a full trial in the Virginia Juvenile and Domestic Relations Court, to those appealed to the Virginia Circuit Court, and even those appealed to the Virginia Court of Appeals. Every Virginia child custody case is unique and every case is provided the utmost care and dedication.

In Virginia, child custody cases are decided by evaluating the following Virginia child custody statutory factors.

In determining custody in Virginia, the court shall give primary consideration to the best interests of the child. To determine child custody in Virginia, the court must evaluate the following child custody statutory factors:

1. The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs. – The court will consider the age of the child and the care necessary for a child of that age, mental, and physical condition when considering this child custody factor in Virginia. A newborn child obviously need different care than a teenage child. A child custody decision in Virginia will focus on determining who is the parent better suited to attend to the needs of the child…now.
2. The age and physical and mental condition of each parent.
3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child’s life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child.
4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members.
5. The role that each parent has played and will play in the future, in the upbringing and care of the child.
6. The propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child. – This is an extremely important child custody factor in Virginia. The ability of parents to work together to promote the best interests of the child can’t be underestimated. When a parent alienates the child from the other parent for no good reason (good reason meaning in the child’s best interests, not in the parent’s), the court will generally not look favorably at that parent when determining which parent will get custody of the child. There are only very few “reasonable” circumstances when a court will not look unfavorably at a parent’s acts of denying visitation to the other parent.
7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child.
8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference.
9. Any history of family abuse.
10. Such other factors as the court deems necessary and proper to the determination.

Code of Virginia, Title 20, Section 20-124.2 and 124.3

Our Virginia child custody law firm has tried many child custody cases and has a very successful track record of accomplishments and results. If you are in the middle of or about to start a child custody dispute in Virginia, contact us before taking any actions. The strategy taken in the beginning of your child custody case will have an enormous impact on the outcome of the case. Let our Virginia child custody attorneys share their knowledge with you.

Contact a Virginia child custody lawyer.

Virginia (VA) criminal defense, divorce, child custody, reckless driving, dui and federal court attorney representing clients throughout Virginia. Some of the jurisdictions served include:

Henrico County VA, Richmond City, Chesterfield County VA, Hanover County VA, Petersburg County VA, Fairfax County, Prince William County, Hopewell, Petersburg, Dinwiddie, Quantico, Virginia Beach VA, Norfolk, Chesapeake, Fredericksburg, Stafford, Spotsylvania VA, Hampton Roads, Newport News, Hampton, Williamsburg, Amelia, Powhatan, Goochland, Louisa, Manassas VA, Woodbridge, Charles City, James City, Gloucester, Tidewater, Portsmouth, Shenandoah, Prince George, Sussex, New Kent, West End of Richmond, Glen Allen, Federal Court for the Eastern District of Virginia (Richmond, Alexandria, Norfolk, and Newport News Divisions).

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