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Collaborative Family Law Mediation Litigation Marital Agreements Separation and Property Settlement Agreements Premarital and Post-Marital Agreements Family Law Divorce Property Division Custody and Visitation Relocation Child Support Alimony and Spousal Support Stepparent Adoption Wills and Powers of Attorney

(703) 591-0056

Practice Areas

• Collaborative Family Law
• Mediation
• Litigation
• Marital Agreements
  • Separation and Property Settlement Agreements
  • Premarital and Post-Marital Agreements
• Family Law
  • Divorce
  • Property Division
  • Custody and Visitation
  • Relocation
  • Child Support
  • Alimony and Spousal Support
  • Stepparent Adoption
  • Wills and Powers of Attorney

Child Custody and Visitation

The best interest of the child is the focus of custody and/or visitation determinations:

Whenever possible, a child should have frequent and continuing contact with both parents, unless such an arrangement is found to be against the child’s best interest.

Custodial options

The Code of Virginia provides the following custodial options:

Sole legal and physical custody
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 responsibility for care and control of the child, as well as authority to make joint decisions concerning the child.

Child custody determinations

The Code of Virginia sets forth the following factors to be considered in making a custody determination:  

• Age, physical, mental conditions of the child and of each parent
• Relationship existing between the child and each parent
• Ability of a parent to accurately assess child’s emotional, intellectual, physical needs
• Relationships between the child with siblings and extended family members
• Role each parent has played and will continue to play in the child’s future
• Demonstrated willingness of a parent to foster the relationship between the child and the other parent
• Ability to cooperate in and resolve disputes regarding matters affecting the child
• Preference of a child may be considered if the child is of reasonable intelligence, understanding, age
  and experience to express a preference
• History of family abuse