Considering the fact that about half of marriages end in divorce and 40% of our nation’s children are born out of wedlock, understanding and protecting parental rights to custody and visitation can become complicated; however, pursuing custody and visitation rights does not have to be a painful.
Also, state, federal and even international laws require birth parents to contribute to care and support of their children. And, when parents end their relationships, the question of how the needs of their children will be met cause anger and frustration.
Parents facing challenges to child custody, visitation and support are often confused by the number of judges, experts, doctors, witnesses their case may include. And, they can be overwhelmed by the legal process.
Virginia law [1] is very specific about what courts can consider. When determining what is in the best interest of a child or children, for custody and visitation, factors [2] include:
- Age, physical health, and mental condition of the child and parents;
- Child’s or children’s changing developmental needs;
- Existing relationship between parents;
- Existing sibling relationships;
- Ability of parents to meet the emotional, intellectual and physical needs of the child;
- Tendency of each parent to actively support the child’s or children’s contact and relationship with the other parent; and
- Any part history of family abuse- mental, physical or sexual.
When it comes to determining support, other than a parents ability to pay, courts weigh many needs which include:
- Child care costs
- Insurance costs
- Special Needs of child or children
- Custodial and visitation arrangements
- Financial resources of parents
Court order child custody, visitation, and spousal support can leave a person feeling cheated, misunderstood, and burdened. And, those failing to meet child and spousal support obligations or visitation schedules can suffer serious consequences. Some of these consequences include:
- Professional license suspension
- Driver’s license suspension
- Jail time
- Court penalties
- Garnishments
- Liens
With all these variables to consider, a person seeking support or paying support may need the assistance of an experienced attorney. Since 2000, Lynn Robinson, Esquire has served Virginia families and has represented parents, grandparents and even children in complicated custody and visitation matters. Put her experience to work for you. If you have questions or need representation for your child custody, support and visitation matters, contact Lynn Robinson, Esquire for a legal consultation.
- https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-124.2
- https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-124.3