Child custody disputes can be some of the most difficult cases that a court is asked to decide. The general presumption is that the best interests of the child are served when both parents share joint custody. However, in many cases this is not true. The parent who wishes sole custody will need to prove to the court why that should be granted.
Grounds that can be used to deny custody to a parent must be serious and include convictions for felony sexual assault on a child or causing serious bodily harm to a child, murder, voluntary manslaughter or attempted murder. Claiming the other parent is ‘unfit’ is not enough. If both parents have been involved in the child’s life, the court will require substantial proof as to why one parent should have sole custody. A positive defense (I am a better parent because…) is preferable to trashing the other parent.
Having a ‘parenting plan’ prepared for the court is crucial. The plan should detail how the parent has been and will continue to support the child’s physical health. Items to include would be examples of the child’s daily routine. Eating and sleeping habits, favorite activities (especially any done with the child) and future plans should be listed. Supporting liberal visitation with the other parent is usually looked on favorably by the court. Attempting to cut off the child from all contact with the other parent should be reserved for exceptional circumstances where such contact would be demonstrably harmful to the child.
Virginia child support guidelines look at the earning potential of both parents, medical expenses and childcare. Each parent’s attorney will present a recommendation for support based on their evaluation of the case. After reviewing the facts, the court will make a decision.
Goldenberg & Phillips, P.C. focuses on family law, criminal and traffic/DWI cases for their clients in Virginia and Washington, DC. They understand how difficult it is for people undergoing these extremely stressful situations and believe that the best help they can provide is to give their clients the best legal representation possible. Anyone who has questions regarding child custody in Vienna can contact an experienced family law attorney at GoldenbergandPhillips.com.
