What is Sole Custody?

The life changes from divorce are difficult for children, who need stability, security, and routine. If obtaining sole custody of your children is your objective, it is likely that you have some compelling reasons motivating this decision. You may fear for their safety, or worse, you may feel apprehensive that they might be kidnapped, or taken out of the state or country.

Having a powerful advocate who will work with you to seek sole custody of your children could not be more important in these cases. Your children are the most important people in your life. If you are concerned that an incompetent parent will share custody, you will benefit from getting legal advice from an experienced attorney who has the happiness and safety of your children guiding all legal efforts. The family attorneys at Kurylo Gold & Josey, PLC can provide the professional help you need.

What is Custody Under Virginia law?

There are two types of custody under Virginia law:

  • Legal custody: The legal custodian of the child has decision-making power in areas of the child’s life including education, health, and welfare.
  • Physical custody: The parent with primary physical custody provides the physical care, home, and supervision for the child, and the non-custodial parent most often has visitation privileges.

Both legal custody and physical custody may be shared jointly between two parents. With joint legal custody, both parents would have to work together to make decisions regarding a child’s life, just as non-divorced parents would. With joint physical custody (sometimes called shared physical custody), the parents would share the physical care and supervision of the child, with the child spending time at both parents’ homes.

What Does a Court Consider When Deciding Custody?

The Court must consider a number of factors in making a custody and visitation determination, including the following:

  • The age and physical and mental condition of the child
  • The age and physical and mental condition of each parent
  • The existing relationships between each parent and child
  • Relations between the child and siblings and peers
  • Future roles played by the parents
  • The willingness of each parent to continue a relationship with the child and other parent
  • The reasonable preferences of the child
  • Any history of family or sexual abuse

The court will also consider the above factors in determining whether a non-custodial parent should be granted visitation rights.

Work with Experienced, Compassionate Family Law Attorneys

At Select Law Partners in Fredericksburg, you will find the help you need during this complicated and painful time of your life. If you have a custody case that is pending or just need information about your options, our attorneys are here to assist you. For a
with a compassionate and experienced family law professional, call the firm today at (540) 642-1766.

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Matt Kurylo

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