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Norfolk Virginia - Custody Lawyers - Custody, Visitation and Support

 

CUSTODY - A contested custody case is the single most difficult type of case a family law attorney handles.

We have 80 years of combined experience in the successful representation of mothers and fathers in contested custody cases in the Juvenile & Domestic Relations and Circuit Courts of Chesapeake, Norfolk, Portsmouth, Suffolk and Virginia Beach.

  • We know the law - Unless there is an allegation of physical or sexual abuse or neglect, we will use all of our experience and skill to try to structure an agreement which is acceptable to you, the other parent, and in the child’s best interest.

  • We know the process - We know the factors to be considered by judges and guardians ad litem (attorneys for the children) in reaching a decision

  • We have a proven track record - We have successfully negotiated hundreds of such agreements and know from our experience that parties are far more likely to faithfully comply with an agreement they reach as opposed to an Order of the court coming out of a contested hearing.

  • We will advocate for you - When settlement is not possible, you can be assured that we will be totally prepared to aggressively advocate your cause and secure for you primary custody of your child.

  • We understand - The emotions these cases generate and how they affect the behavior of the parties and the outcome of the case.
    We will do everything possible to minimize the use of family members, mutual friends, and the children themselves with an understanding
    that in most cases, after the issue of custody is resolved, the parents and families will have to continue to deal with each other for many years to come.


MODIFICATION OF EXISTING COURT ORDERS

If there is a “material or substantial change in circumstances” since the last custody Order was entered, either party may seek to have that Order modified. We can tell you with reasonable certainty whether your situation qualifies as a material or substantial change in circumstances and, if appropriate, assist you in seeking whatever modification is appropriate.


RELOCATION CASES

These are cases where the primary custodial parent has to move (because of military orders or reassignment by an employer, etc…) or would like to relocate (to be closer to extended family, take a better job, etc…).

All Orders entered in the last thirty years require any parent intending to relocate to give the other parent thirty days’ advance written notice. The issue is always whether the relocating parent is going to be allowed to take the child or children in their primary custody with him/her.

If you have been ordered to move or are contemplating a move and are the primary custodial parent, you should consult with an attorney as soon as possible. We’ve handled hundreds of these cases and are ready to assist you.


VISITATION

Absent proof of abuse or neglect, all non-custodial parents are granted visitation. There is no “standard visitation”.

Non-custodial parents are also entitled to complete access to their children’s medical and academic (school) records and should be kept advised of all extracurricular activities (scouting, soccer, etc…).

In addition to physical visitation, non-custodial parents are entitled to reasonable telephone/internet access to their children.

We urge all parents who are separated or divorced to establish a set visitation schedule. By long experience, we know that a set schedule is best for both the parents and the children. (Of course, the schedule should not be “set in stone” but subject to change for special circumstances).

If you feel that you are not being allowed sufficient visitation or access to your child call us. We have successfully assisted hundreds of parents in your situation and almost always are able to negotiate a reasonable settlement.


CHILD SUPPORT

Child support is determined in accordance with a formula which takes into account the gross income of both parents, the cost of daycare to allow the custodial parent to work, and health insurance. If both parents are salaried employees, the amount of child support is easy to determine. We will help you to determine the correct amount of support and urge you to come to an agreement with the other parent.

Problems arise when one or both parents are self-employed and the true amount of income is in dispute; or one parent is voluntarily “underemployed”; or, one parent is not reporting all of his or her income. We have handled hundreds of these cases and are happy to help you obtain all of the support you are entitled to.

If the parties can not agree, child support can be determined by the Juvenile & Domestic Relations District Court or the Circuit Court as part of a divorce proceeding, or the Division of Child Support Enforcement (DCSE) by administrative order. We can help you determine which is the best way to proceed and to secure the support due you.


MODIFICATION OF EXISTING SUPPORT ORDERS

Just as custody and visitation orders may be modified due to a change in circumstances, support is also subject to modification on a material change in circumstances. This change might be due to the loss of a job through no fault of the employee, or because the employee was injured and unable to work, or the employed reduced the work force, etc…).

Support orders are also subject to modification if the paying parent realizes a significant increase in income (in which case his/her support obligation will increase) or the payee parent realizes such an increase (in which case the amount of support received will go down).

If you have questions, call us and we can help you determine if there is a basis for seeking an increase or reduction.

Some Links Of Interest:

CODE OF VIRGINIA:

Custody and Visitation Arrangements for Minor Children:
20-124.1 - 20-124.6


The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA):
20-146.1 - 20-146.38


The Uniform Interstate Family Support Act (UIFSA)
20-88.32 - 20-88.81


COURTS

Norfolk Juvenile and Domestic Relations District Court

Suffolk Juvenile and Domestic Relations District Court

Portsmouth Juvenile and Domestic Relations District Court



 

Connor & Price, P.C. | 333 West Freemason Street | Suite 102 | Norfolk, Virginia 23510
P 757.627.5000 | F 757.627.9411


The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation. Every legal matter is different.
The outcome of each legal case depends upon many factors, including the facts of the case,
and no attorney can guarantee a positive result in any particular case.

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