Custody Lawyer in Virginia Beach

The child custody attorneys at the law offices of Melone Hatley have many years of experience providing expert legal advice to clients all across Virginia to guide them through challenging divorce cases.

Whether you need help fighting for child custody and visitation or understanding your parental rights, we can help you get the best outcome in your legal matters relating to family law issues. Our family law firm offers experienced, caring, and aggressive legal representation in family law matters.

We offer a large law firm expertise but in an individualized boutique setting. We are not a faceless corporate firm that will treat you like a number. We have a one-on-one approach and deeply value our client relationships.

Child custody cases can get highly charged with intense emotions. Everyone thinks they are doing what is in the best interests of the child, but it can be difficult to see past your anger and sadness.

The child custody lawyers at our firm are here to provide a caring ear and legal services that help you get the best possible custody arrangements for your family. We are top-rated Virginia attorneys continuously recognized as Super Lawyers. To schedule an appointment, contact the law offices of Melone Hatley at 800-479-8124 or use our contact form today.

How Is Child Custody Determined in Virginia Beach?

Child custody law in Virginia is very specific in that the courts always consider the best interests of the child over everything else. To determine this, family law courts will examine the relationship between each parent and the child.

They will consider issues such as domestic relations between the parent and children, as well as which parent may be the best able to provide for the mental and physical health of the child, financially prepare for their needs, and offer the most nurturing environment.

While other parties, such as grandparents, may try to seek custody, the courts prefer to place the child with the natural parents whenever possible. When parents are unmarried, Virginia favors the mother and considers the child her legal offspring.

For a father to assert parental rights, he must provide a signed birth certificate or establish other proof of paternity. In such cases, it is always best to have a family law attorney representing you. Gender no longer plays a role in preference for custody following the establishment of paternity.

Visitation is the term for defining the amount of time each parent will physically spend with the child. The court will consider several factors before determining physical custody and visitation. Every decision is unique to the individual case, and courts look at variables such as the parent’s work schedules, how far away they live from one another, and the school schedule of the child.

Sometimes, if all things are equal, the court may order true 50/50 shared custody, which can be a situation where the child spends a week with each parent, the parents alternate time every few days and switch off weekends, or some other equal time. Often, however, visitation is not completely equal because it is difficult to maintain the child’s best interests in these situations. Custody can range from a 60/40 split to one parent having 100% custody and the other only supervised visitation, in the most extreme circumstances.

Visitation is not restricted to parents. Grandparents, stepparents, and other close relatives may also be permitted visitation with a child. The courts can, in addition, deny visitation, though this normally only occurs if a certain task needs to be performed, such as payment of child support or completion of a substance abuse program. They may also deny visitation if it can be proved that the noncustodial parent has caused the child personal injury or otherwise presents a risk to the child.

When you are seeking visitation, always keep the best interests of your child in mind. Consider whether your child will enjoy the visitation and wants visitation, whether it will encourage your bond, and whether it is the best or only way your ex-spouse will grant you access. These are some of the things the courts will consider as well.

If you are a parent and you think that your visitation rights are at risk, an attorney at law with practice areas in family law can help you work through the legal issues at hand. Contact Melone Hatley, P.C. at 800.479.8124 or use our online contact form to set up an appointment with our legal team.

How Is Child Support Calculated in Virginia Beach?

When determining child support, the courts will look at several pieces of information before rendering a decision.

Income

Child support is not meant to burden the noncustodial parent, so their income will be considered.

Alimony/Spousal Support

One important thing to remember is that child support and spousal support are two different things and will be determined separately. However, in some cases, one can affect the other.

Medical Insurance of the Child

Who provides the child’s medical and health insurance? Can the parents share the cost of providing such care?

Other Child Expenses

It is also important to examine other expenses to maintain the child’s standard of living, health, and wellness. These include the costs of extracurricular activities, food, housing, school supplies, clothing, and all the other expenses that come with raising a child.

Where Should You File for Your Child Custody Case?

Virginia abides by the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA. You must verify before petitioning that no prior custody orders exist and that the child has lived in Virginia for a minimum of six months.

Custody, visitation, and child support issues in Virginia are all handled in the Juvenile and Domestic Relations District Court. If you do not already have an order handed down by another court, you can file a petition for custody or visitation at the court service unit in the juvenile court building. If you have a court order, you can file to amend it at the clerk’s office.

Why Do You Need a Virginia Beach Family Law Attorney?

Family law matters can be extremely complicated, whether you are discussing estate planning, military divorce, spousal support, division of property, or child custody issues. The right Virginia Beach attorney can help you smooth the process, keep a clear head, and consider what is best for your child.

Divorce cases are difficult and stressful all around, and part of a family law attorney’s job is to make it progress as quickly and smoothly as possible without undue stress on your family or your children.

Are Your Parental Rights Being Protected?

Melone Hatley, P.C. has decades of experience helping clients all over Virginia Beach with challenging child custody and divorce cases. If you need legal advice about your rights under family law, we are ready to help you. An attorney with our firm will spend time getting to personally know you and your case, providing you essential legal advice that safeguards the rights of you and your children. Call us at 800-479-8124 or get in touch online for an appointment to begin your case.