Most divorcing parents place a high priority on the welfare of their children. In Virginia, the court has the duty to provide prompt adjudication regarding custody and visitation matters with the best interest of the child as the main focus in making these determinations. Whenever possible, a child should have frequent and continuing contact with both parents, unless such an arrangement is against the child's best interest.
Several custodial options may be considered, including:
Sole legal and physical custody: The child lives primarily with one parent who is responsible for the care and control of the child. This parent has the primary authority to make decisions concerning the child.
Joint legal custody: Both parents retain responsibility for the care and control of a child and the authority to make joint decisions concerning the child, even if the child will reside primarily in the "physical custody" of one parent.
Joint legal and physical custody: Both parents share the responsibility for the care and control of the child as well as the authority to make joint decisions concerning the child.
In determining how the child's best interest will be served in custody and visitation hearings, the court must consider many factors, including:
- Age, physical, mental conditions of the child and of each parent
- The relationship existing between the child and each parent
- The ability of a parent to accurately assess the emotional, intellectual, and physical needs of a child
- Relationships between the child with siblings and extended family members
- The role each parent has played and will continue to play in the child's future
- The demonstrated willingness of a parent to foster the relationship between the child and the other parent
- The ability to cooperate in and resolve disputes regarding matters affecting the child.
In certain cases, the court will also consider the preference of a child if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such preference. Any history of family abuse may also factor into the court's decision.
Modification of Orders
Once a determination concerning the custody and visitation of a child is ordered, a parent may request a modification of custody or visitation due to a change of circumstances. The best interest of the child continues to be the main focus in the court's determination of whether a modification is warranted.
Ms. Pacetti brings compassion, understanding and practicality to the resolution of this most paramount concern of a client. For more information on how we can assist you with your child custody or visitation matters, contact us for a confidential consultation.
Pamela M. Pacetti
Attorney at Law
3919 Old Lee Highway, Suite 82-C
Fairfax, Virginia 22030
Telephone: 703-591-0056
Facsimile: 703-591-2443
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