When parents go through a divorce in Gainesville, Virginia, the most stressful and emotionally draining issues may relate to custody of their children. Parents don’t want to lose time with their children, but they also usually recognize that spending time with both parents is in their children’s best interest. Of course, there are situations in which a parent needs to fight for sole or primary custody. Those cases are particularly challenging.
Whether you and your spouse can agree on the terms, you need an experienced child custody lawyer to help you understand the numerous issues to be considered in custody plans and protect your custodial rights. The Gainesville child custody lawyers at Collins Family Law have over ten years of experience representing parents in custody issues. We will help you reach a plan that is in the best interest of you and your children. Call (703) 755-7343 to schedule a confidential consultation or visit our contact page. Please be advised that there is a $300 consultation fee for new clients as part of our intake process.
Why Choose a Gainesville Child Custody Lawyer from Collins Family Law?
- We will help you achieve the best possible outcome for your child custody issues by providing experienced, top-notch legal services.
- Our core purpose is to guide our clients through one of the most challenging times of their lives and help them move forward by protecting their custodial rights.
- Our team knows that every child custody case is unique, and we tailor our services and legal strategy to address your specific concerns and needs.
What You Need to Know About Physical Versus Legal Custody
Legal custody gives a parent the right to make significant decisions about the children’s religious upbringing, education, healthcare, and more. Legal custody may be shared or may be given to one parent.
Physical custody deals with where the children reside. Physical custody can also be shared equally, given to one parent primarily, or in rare cases, given to only one parent.
To determine legal and physical custody, the court considers several factors to determine what is in the children’s best interest.
At Collins Family Law, our Gainesville child custody attorneys will listen to the facts of your situation and advise you on how those facts may impact the court’s decision. We work with you to build your strongest case to achieve your custodial goals.
At What Age Can My Child Choose Which Parent They Want To Live With?
You may have heard that once a child reaches a specific age, they can choose which parent they want to reside with. In Virginia, this is not true unless the child has reached the age of 18.
If the child has not yet reached the age of 18, they do not get to choose which parent they will reside with. A child’s preference is often considered, but it is considered in light of numerous other factors outlined in Virginia Code §20-124.3.
Regardless of the children’s preference, the court must make custodial decisions based on the children’s best interests.
In most contested custody cases, the court will appoint a Guardian ad litem (GAL) to represent the interests of the children. The GAL will recommend to the court what would be in the children’s best interest.
What is a Guardian ad Litem?
A Guardian ad Litem (GAL) is an attorney appointed by the court to represent the children. Their job is to interview the parents, conduct home visits, and meet with the children to help the court determine what is in the children’s best interest.
The GAL may include the children’s preferences when submitting their recommendation to the court. They may also state whether they believe the child is of sufficient age and maturity to consider their preference. However, the court does not have to accept the recommendation of the GAL.
Can I Have a Child Custody Order Changed?
It is possible to have a child custody order modified. As time passes, the needs of children change. Parents also may make significant changes, such as moving far away. When this happens, the terms of the custody order may no longer fit the needs of the parents and children.
Under Virginia Code § 20-108, either parent may petition the court to modify the custody order. The court will consider whether there has been a material change in circumstances since the current custody was put in place.
If the court finds that there has been a material change and that a modified schedule is in the child’s best interest, they may modify the order.
If you believe there has been a significant change in circumstances and that a modified custody order is best for your children, you should consult an experienced Gainesville child custody attorney. At Collins Family Law, our attorneys work with parents to have custody orders modified when necessary due to changes in the parties’ lives.
How a Gainesville Child Custody Lawyer Can Help
Being represented by an experienced Gainesville child custody lawyer greatly increases your chances of achieving a successful outcome. Some of the things your child custody lawyer will do to help protect your rights include:
- Helping you understand the child custody laws and how they apply to your case.
- Building your strongest case to achieve your goals related to custody of your children.
- Helping ensure the custody order is in the best interest of your children, considering all the facts of your case.
- Ensuring the court understands all relevant facts when determining custody issues.
- Being a calm, strong guide to get you through the challenging issues that arise during your child custody dispute.
Contact Our Gainesville Child Custody Lawyers Today
Child custody disputes can make you feel overwhelmed and afraid. The decisions made by the court will have long-term implications for your family. You need to have an experienced Gainesville child custody lawyer by your side. At Collins Family Law, we help ensure your custodial rights are protected and that a custody order is reached that is in the best interest of your children. Call (703) 755-7343 or visit our contact page to schedule a confidential consultation. We look forward to meeting you, answering your questions, and explaining your options. If we represent you, we will fight tirelessly to protect your interests.