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Leesburg Divorce Attorney > Blog > Child Custody > Fighting For Full Custody? Our Virginia Child Custody Attorney Explains What You Need To Know

Fighting For Full Custody? Our Virginia Child Custody Attorney Explains What You Need To Know

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If you are a parent going through a separation or divorce in Virginia, child custody is one of the most challenging issues you need to address. Virginia courts generally encourage child time-sharing, but there are cases where a parent may want to pursue full custody instead.

Our Virginia child custody attorney explains what you need to know about these proceedings and shares strategies to help increase your chances of success.

Virginia Child Custody Laws: Joint or Full Custody?

Joint custody arrangements are encouraged under the Virginia Code, as children generally do better when they have ongoing contact with their parents. However, the primary concern is protecting their best interests, and in certain situations, awarding one parent full custody may be a better option. Circumstances in which this may happen include:

  • One of the parents lives at a considerable distance from the other,
  • A parent refuses to cooperate in creating and implementing a joint parenting plan;
  • They have a history of abandonment or have not played a significant role in the child’s life;
  • There are allegations of domestic violence;
  • The other parent struggles with alcohol or substance abuse,
  • They suffer substantial mental or physical health issues, impacting their ability to care for the child,
  • They are engaged in criminal behavior or other activities that put the child at risk,
  • The child is older and mature enough to express their preference regarding who they want to live with.

Strategies When Fighting for Full Custody in Virginia

Any behavior that puts you or your child at risk should not be tolerated. However, getting the Domestic Relations Court to award full custody is never easy. Our Virginia child custody attorney protects your rights. Our thorough knowledge of state laws and extensive experience in Virginia child custody proceedings makes us a strong ally on your side. The following strategies help you in building a compelling case for full custody:

  • Provide a stable home environment: The safety, comfort, and stability of each parent’s home plays a significant role in Virginia child custody proceedings.
  • Show you are an involved parent: Documenting preventative care and involvement in your child’s school, extracurricular, and recreational activities shows the court that you are fully invested in your child’s life and success.
  • Avoid negative behavior: Refrain from bad-mouthing the other parent in front of the child, acting out in legal proceedings, or other behavior that could hurt your case.
  • Document everything: Keep records of your communications and interactions with the other parent, any dangerous behavior, and the impact on your child.

For Trusted Legal Help, Contact Our Experienced Virginia Child Custody Attorney

Fighting for full custody of your child is a serious matter, and having the right legal support can make all the difference. At Schwartz Kalina, PLLC, we provide the trusted help you need during this challenge and fight for the best possible outcome for you and your children. To request a consultation with our experienced Virginia family lawyer, call or contact us online today.

Sources: 

law.lis.virginia.gov/vacode/title20/chapter6.1/section20-124.3/

loudoun.gov/114/Juvenile-Domestic-Relations-District-Cou

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