A large part of ensuring a person’s children do not suffer as an effect of their parent’s divorce will fall on the parents themselves. However, an experienced divorce lawyer has the ability to provide guidance to the parent about common mistakes in family law involving children that could be avoided in future custody and support cases.
The two main considerations relating to children in a divorce are the custodial schedule and what kind of financial payment might be necessary from one parent to the other in order to adequately provide for the children’s financial needs. For example, a lawyer can help in advising their client about what they should and should not be saying to or in front of the children. A family lawyer can also provide guidance in terms of the possible scenarios that can be put into place both in the short-term and in the long-term relating to a custodial schedule and to children having adequate access to both parents during the separation or divorce.
It is important for people to understand that there is no specific formula in family law involving children in Virginia that the court has to follow when deciding what is best for the children and determining custody for divorcing or separating families. The court is required only to consider certain specific factors that would indicate the best interest of the children. It is also important for parties to know that fostering a positive relationship between children and both parents is an important consideration that the court will look into when determining custody. If one of the parents is trying to isolate the children from the other parent without a good reason for doing so, the court will consider that in deciding where the children should go.
Child custody is determined primarily by considering the best interest of the children, so there are certain factors that are set out in the laws that the court is required to consider in determining what the children’s best interests are. Some of those factors are the existing relationship between the children and each parent, the physical and mental health of each parent, the physical and mental health of the children, and sometimes depending on the age and maturity level of the children, the court will give consideration to the preference of the child.
Children in Divorce
An issue seen in many cases is a situation when parents, whether intentionally or otherwise, involve the children in sending messages back and forth or in the dispute between the parents. This is something that an attorney would advise families to avoid. Parents should be aware of how their actions will affect their children when they are dealing with matters of family law in Virginia.
Parents should be mindful of their actions when separating and moving homes, and make sure the children are not entirely uprooted from their school or friends. Parents should also be mindful of getting involved in new and serious relationships and should learn how best to approach that step in terms of the children’s adjustment. A Virginia attorney will be able to advise on all matters in family law involving children, including these issues of adjustment.