Child Custody - Family Law

 

Custody issues typically arise in proceedings involving dissolution of marriage as well as in paternity, annulment, and other legal proceedings in which children are involved. When a child's parents are not married, it is necessary to establish paternity before issues of child custody or support may be determined by a court.

Overview of child Custody visitation

Going through a separation or divorce or leaving an abusive relationship is not easy. If you have got a scenario with a stay-at-home father and a mother who works outside of the home, then the court is going to award primary custody to the father unless there is "something else" out there. Custody and visitation decisions can be part of a larger case such as a divorce case or the case can just be about custody or visitation.

 

About Custody

A determination of child custody will resolve issues such as which parent will the child or children spend the majority of time with or will the parents equally share their time with the child or children. Also, a determination of child custody may have an impact on child support payments and a determination of who are the payer and the payee.

"Custody" usually means who has the right to set up the primary residence of the child, right to make educational, medical, and other decisions. Significant factor in a custody case is the amount of time each parent has with the child. Lastly, a parent who has primary physical custody commonly ends up having the right to collect Child Support from the other parent.

 

Bad Facts

Family Violence is considered as heavily punished under the law. Mental issues/disorders are the most complex. All these issues in a custody case demand a smart and exceptionally tough attorney on your side to take full advantage of custody.

 

Witnesses

"Character witnesses" are well-meaning, but not particularly helpful. The testimony of your own mother about what an awesome parent you are, and exactly. Witnesses that can talk about your interaction with the child both before and after your separation from the other parent. The neighbor was plainly terrified of the mother, but rarely said the truth to anyone.

 

Splitting Up Children

The court recognizes that each family situation is unique; splitting up siblings is not a cut-and-dried issue. The judge will look at numerous factors and make a decision based on what is in the children's best interests. We have handled quite a few cases like this. Child custody litigation is also the type of family law where an attorney makes the most difference. Not every attorney is ready or willing to go to the lengths necessary to boost a client's chances of victory.

 

Divorce can be heartbreaking and stressful as it is. But when you have a child, it can get even more frustrating. Who gets the child at what days? Where does the child stay more permanently? Who's better at taking care of the child? Who does the child prefer to be with most of the time? Who gets what vacation? If your partner is violent, it takes a good lawyer to show it to the court, so that eventually the child is not left scarred by the divorce.

 

We have Child Custody Lawyer in Fairfax VA to make sure the custody goes smoothly. Call our office to schedule a time for consultation at 1800-455-1026.