Fighting Over Child Custody? What You Need to Know

Fighting Over Child Custody? What You Need to Know

Are you and your spouse fighting over custody of your children? Courts make child custody decisions based on what they believe is best for the child, not the parents. Here’s what you need to know if you and your spouse cannot agree on custody of your children.

Joint custody

When you and your spouse are in the throes of a divorce and deadlocked over who gets the kids, it can be difficult to consider sharing that parental responsibility. But it is important to really consider whether joint custody might be best for your children. Joint custody can provide stability for a child at a time of tremendous change and emotional turmoil.

Filing for sole custody? Be prepared

If joint custody is not something you can agree to, then be prepared. To make the case for sole custody, you must demonstrate to the court that you are fit to raise the child properly and—more importantly—why granting you sole custody is best for your child. Start by learning about Virginia’s child custody laws.

Look at your living arrangements

Make sure you can provide a stable physical environment for your children. Judges will consider a range of living accommodations, but you will need to demonstrate that you can provide your children with a safe home that has enough space. If you must find a new place to live due to the divorce, consider moving to a location that is near your ex. Judges look favorably upon living arrangements that do not disrupt the child’s daily routine.

Collect your supporting evidence

You will need to support your case for sole custody. This may include providing documents that show your ex is not fit to raise the child, getting testimony from witnesses, obtaining facts regarding certain situations, or hiring a private investigator.

Hire an experienced family law attorney

Child custody battles are complicated. An experienced family law attorney will protect your interests and have the knowledge, skills, and resources to resolve your child custody issues favorably.