If you are facing a divorce that involves children, are no longer with your children’s other parent, or need to file or defend against a motion to modify your existing custody and visitation Order, your parental rights are at risk. Your child custody arrangements will guide your parental decision-making authority as well as your visitation. This makes having the professional legal representation of an experienced family attorney, such as a Colonial Heights child custody lawyer at Capital Family and Divorce Law Group, the right approach.
Keeping Decision-Making Between Parents
Most parents are motivated to make decisions regarding child custody and visitation between themselves. No one appreciates children’s needs better than their parents. This can play a key role in the negotiation process.
When it comes to working through child custody terms, parents are not alone. Sometimes, all that parents need to reach mutually acceptable terms is the skilled legal guidance of their respective child custody attorneys. If this is not the case, however, there are other options. These include allowing Colonial Heights lawyers experienced in child custody disputes to do the negotiating or turning to mediation, which is a form of alternative dispute resolution.
Legal Custody
Courts address child custody in terms of both legal and physical custody. Legal custody refers to a parent’s right to be involved in major decisions involving their children, even after a separation or divorce. The kinds of decisions involved include:
- Education and daycare
- Medical care and treatment
- Participation in extracurricular activities and travel
- Religious upbringing
Legal custody can be either sole or joint. When parents have joint legal custody, they make these decisions together, although one parent may have the authority to break a tie if necessary. If a parent has sole legal custody, only that parent will have the right to make these key decisions on behalf of their children. Like physical custody, legal custody determinations are based on the best interests of the children. A Colonial Heights family law attorney familiar with custody cases is well placed to help a parent protect their rights.
Physical Custody
Physical custody determines visitation, which is also called parenting time. When doing so supports the children’s best interests, the court attempts to maximize the amount of time the children spend with each parent.
A court may identify one of the parents as the custodial parent. They will have the child or children the majority of the time and be responsible for making most of the day-to-day decisions. A Colonial Heights parent involved in a physical custody dispute could benefit from the support of a local attorney.
What Are Best Interest Factors?
The court bases child custody decisions on the best interests of the child or children. When making these decisions, courts consider best interest factors such as:
- The status quo, or how well the children’s current circumstances are working for them
- The degree to which each parent has been involved in the children’s lives to date
- The degree to which each parent is invested in effective co-parenting
- The age and overall mental and physical health of each child and parent
- The children’s needs and each parent’s ability to effectively meet them
- The depth of the relationship each parent has forged with the children
- The degree to which each parent is committed to supporting the children’s happy, healthy, and ongoing relationship with their other parent
- Any history of child abuse, neglect, or domestic violence
Sometimes, a child’s preference can also play a role. When the court deems a child mature enough to give their opinion, it can consider their preferences. The level of impact the child’s input will have depends on a range of variables. A knowledgeable lawyer could assist in case preparation in advance of child custody proceedings in Colonial Heights.
Call a Colonial Heights Attorney for Support With Custody Issues
A diligent Colonial Heights child custody lawyer will make every effort to protect your parental rights. Capital Family and Divorce Law Firm helps clients like you obtain positive outcomes in child custody matters. Let us help you defend your right to be involved in your children’s lives by contacting us today.
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