Have you ever thought of not being able to spend time with your children? It is one of the most agonizing experiences for many parents who have lost custody of their children. Very often parents going through child custody battle don’t understand the value of child custody attorneys.
You should understand that in the state of Virginia, the court does not give preference to either parent.
During a custody battle, several issues will be taken into account before the court decides on the juvenile guardianship. Both the parents will be evaluated equally and the ruling will be based on the best interests of the minor. However, by hiring a Virginia minor guardianship attorney, your chances of trying to obtain the custody of your minor are enhanced.
There are two categories of custody – legal and physical. Legal guardianship means the parent will be able to make long-term decisions regarding the minor’s welfare, such as education, religion, and non-emergency medical care, etc. Physical guardianship means making decisions about the minor’s everyday life and spending time with the minor. Whether you are looking to gain legal or physical custody of the child will depend on various factors such as the other parent, child’s wish, etc. If you and your spouse are in agreement over the minor guardianship, then the court will generally concur with the agreement.
Soon after hiring a minor guardianship attorney in Virginia, you will have to fill in the documents and submit them. In Virginia, it is not possible to file for custody if both the spouses live in the same house. In the case you are unmarried; you need to file a Petition for minor guardianship in the Juvenile and Domestic Relations District Court (J&DR) in the city or county where the child resides. In case you are married and have not yet filed for divorce, you must file in the Juvenile and Domestic Relations District Court. The Virginia minor guardianship attorney will advise you to raise the custody issue when filing for a divorce.
There are multiple factors that may indicate why you need to hire a child custody lawyer in Virginia. These include:
- If the other spouse has hired an attorney: If the spouse has hired a minor guardianship lawyer, it is best that you hire an attorney to help you. With an experienced attorney to handle the case, the outcome is more likely to be positive.
- Sudden Complications: There could be sudden complications in the case following which you will need an attorney. For example, the other spouse, who did not have an interest in the custody of the child, might suddenly want to fight you for custody. To deal with this, you will need an attorney to guide you.
- Jurisdictional issues: minor guardianship laws differ from state to state. So, if the other spouse doesn’t live in Virginia, the process can be more difficult and you should consider hiring an attorney to represent you.
- Child’s safety: This is a very serious issue as the child’s safety is at stake. If you have reason to believe that the child is not safe with the other spouse you can try to get a restraining order and the attorney will help you out with it
- The other spouse prevents you from visiting the child: If your ex is trying to limit your contact with the child or is not making an effort to foster a good relationship between you and your children, hire a minor guardianship lawyer in Virginia immediately.
Mr. Sris is an experienced Virginia child custody attorney.