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Custody and Visitation

Your Child Custody and Visitation Advocate

Child custody and visitation are emotional issues for parents, whether they are going through divorce or they were never married and are now looking for formal legal recognition of their parental rights.

I am attorney Michael A. Ward, a Virginia divorce lawyer experienced in pursuing a positive outcome for parents and children. Contact me at my Northern Virginia office in Fairfax or my Lynchburg area office in Forest to discuss your child custody and visitation case.

Looking out for the Child's Interests

Under Virginia law, the courts' approach to child custody and visitation rights focuses on the best interests of the child. Any grievances the parents may have against each other are not relevant to child custody unless they affect what would be in the child's best interest.

Under this legal standard, relevant factors include the relationship each parent has had with the child throughout the child's life, the age of the child and whether the child has any special needs.

It is considered in the child's best interest, in most cases, to continue receiving the care of both parents. Therefore, a parent who encourages the child to maintain a positive relationship with the other parent will usually be looked upon favorably by the court.

Before taking any action that you believe will help you achieve your preferred child custody and visitation outcome, contact me to get skilled legal advice based on the unique circumstances of your marriage and family.

Understanding Physical and Legal Custody

While many people think that child custody solely concerns with which parent the child lives, this is only one aspect of custody. Where a child lives and with whom is commonly called "physical custody." Another aspect of custody is "legal custody," the right to participate in important decisions about the child's life, such as educational and health care decisions.

It is not uncommon for the court to grant one parent primary physical custody while granting both parents joint legal custody. However, there are circumstances where the court will grant one parent sole legal custody.

Exploring Openings for Modification

If you're not happy with your current arrangement, modifications can be made under certain circumstances. Until a child is 18, any custody and visitation determination by a court may be changed if the circumstances of the child or one or both parents have changed.

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