Virginia Beach Child Custody Lawyers

Fighting for the custody of your child is one of the most emotionally and mentally taxing experiences a parent can endure. Each court date becomes a painful reminder of what’s at stake, amplifying feelings of helplessness as you deal with the possibility of not being there for important milestones—first days of school, birthdays, or even simple moments like bedtime stories.

As the conflict drags on, the emotional scars can deepen. You may find yourself lying awake at night, replaying every argument and every decision, questioning your worth as a parent and whether you are doing enough to protect your child. Meanwhile, your child is also suffering silently. They may act out in school or withdraw from friends as they internalize the tension between their parents. The anguish of seeing them hurt can be unbearable, adding another layer of pain to an already difficult situation.

The longer the battle continues, the more entrenched the wounds become—both for you and for your child—making it increasingly difficult to envision a resolution that brings peace and healing. In this tumultuous environment, it is crucial to seek not only legal guidance but also emotional support to help navigate this journey toward a brighter future for both you and your child. An experienced child custody attorney that is local, in Virginia Beach, can provide the crucial support and guidance you throughout the process.

“Jack Randall and his paralegal Jennifer are truly the best. It was over a year-long custody dispute but they stuck with us. Fighting and doing everything possible to make sure my son was the priority. I can’t thank them enough for all their hard work and dedication to our case.” – Jennifer M.

Why Virginia Beach Residents Choose Randall, McClenney, Daniels & Dunn for Their Child Custody Case

Randall, McClenney, Daniels & Dunn is well-known for its client-first approach in family court cases. The lawyers at Randall, McClenney, Daniels & Dunn are locals and have a strong connection to the community. Our team has more than 85 years of collective experience handling legal matters, and each of us brings our knowledge, experience, and a strong drive to protect the rights of our clients.

Should you select Randall, McClenney, Daniels & Dunn to represent you in your child custody case, rest assured we will approach your case with compassion and commitment. The knowledgeable attorneys at our Virginia Beach law office understand the difficult emotions involved and how the strain can seep into every aspect of your life—affecting your job performance, relationships with friends and family, and even your physical health.

The lawyers at Randall, McClenney, Daniels & Dunn, PC will be your voice and will work tirelessly to help protect your parental rights. Our team’s priority is your child’s well-being, and we are committed to facilitating a resolution that promotes a stable and nurturing environment for your child. Whether through negotiation, mediation, or litigation, we will work ceaselessly to achieve an outcome that reflects your child’s needs and your rights as a parent.

Testimonials

“Divorce is ugly, and custody battles are even worse, but with Mr. Frank in my corner, I had no doubt it would go in my favor. I highly recommend Mr. Frank and his team at R&B!!” – Samantha B.

“I had the privilege of engaging the services of Mr. Crawford Ellsworth for a last-minute family law matter, and I am exceedingly happy with the results. Their mastery of the law, professionalism, and unwavering commitment was shown throughout the extent of my case. Mr. Crawford maintained open lines of communication, ensuring I was well-informed and actively involved at every stage of the process. Thanks to their strategic approach and steadfast support, I achieved a favorable resolution that exceeded my initial plan. I wholeheartedly recommend Mr. Crawford to anyone in need of exceptional legal representation.” – Trenten O.

Child Custody Laws in Virginia Beach

Virginia’s child custody laws are designed around the concept of what is in the best interests of the child and are done on a case-by-case basis. Physical and legal custody, along with visitation stipulations, are all decided with this approach under § 20-124.3 of the Virginia Code.

What Factors Influence Child Custody Decisions in Virginia Beach?

The following are the primary factors courts take into consideration while examining child custody cases.

• The age and health of the child or children
• The age and physical and mental health of the parents
• The strength of the parent-child relationship with each parent
• Level of involvement of each parent in their child’s life
• Factors involving siblings, peers, and extended family members relating to the child’s needs
• The parents’ respective support for each other’s ongoing relationship with the child
• The parents’ ability to cooperate and resolve disputes as they arise, including agreements with parenting plans
• Any existing history of domestic abuse
• The willingness of each parent to cooperate with the court

The court will also factor in whether the child is deemed to be capable of making sound decisions based on their age, intelligence, experience, and understanding and, if so, consider their preferences and input.

Types of Custody Arrangements in Virginia Beach

A Virginia Beach court may determine what is in the best interests of the child and stipulate one or more different types of custody arrangements.

Joint Legal Custody

This arrangement gives both parents an equal right to make important decisions in their child’s life, including, but not limited to healthcare, education, and religion.

Joint Physical Custody

Physical custody refers to where the child will live. In a joint physical custody scenario, a child may stay in their home while parents alternate living in the domicile, or the child may live in two parental homes, living in each home on an alternating schedule.

Sole Legal Custody

Sole legal custody is a scenario where a court grants one parent the right to make important decisions about a minor child, including but not limited to healthcare, education, and religion. The noncustodial parent does not have any right to do so.

Sole Physical Custody

Sole physical custody is awarded to one parent, and their home is where the child will permanently live. The other parent may receive visitation rights where the child may spend a weekend or a vacation, but their residence is always with the parent who has sole physical custody.

Understand Your Rights as a Parent

When facing custody issues, it is critical for individuals to understand their rights as parents. Virginia courts do not give preference to a specific gender and all the decisions are made considering the child’s well-being. Essentially, a case starts with a level playing field for both parents.

While courts do want the child to spend a healthy amount of time with both parents, there are also specific situations where this does not hold true. For instance, if there is a history of neglect and abuse, this will be considered by the court when deciding custody.

The bottom line is a Virginia Beach court will always make its decisions based on what it perceives to be in the best interest of your children. A family law attorney who has experience in child custody cases can help a parent best present their case.

How is Visitation Determined in Virginia Beach?

A Virginia Beach court will determine visitation for the noncustodial parent, which will either be unsupervised or supervised parenting time.

Unsupervised time is when a noncustodial parent can spend time with their children with no one else present. Supervised visitation means a noncustodial parent can spend time with their children while in the presence of a supervisor, at a facility, or, in some instances, another adult chosen by the court or the parents.

When determining unsupervised or supervised visitation, a court will consider:

• Whether the noncustodial parent poses a risk to the child’s well-being or safety
• If the parent has a history of addiction, criminal conviction(s), or mental illness
• Whether the parent is capable or experienced with spending alone time with the child

Can Visitation Be Denied?

Yes, if there are existing factors where a child cannot visit safely or if the parent will harm their well-being, visitation may be denied. An example might be if a parent shows up for their visitation time and is intoxicated, the custodial parent can deny the visit. However, they must take action with the court to amend the visitation order.

The Experienced Family Law Attorneys at Randall, McClenney, Daniels & Dunn Offer a Diverse Range of Family Law Services

The law firm of Randall, McClenney, Daniels & Dunn offers an array of family law services to their clients. Practice areas include divorce, military divorce, child support, property division, protective orders, spousal support, domestic violence, prenuptial and postnuptial agreements, paternity actions, CPS cases, and more. Whatever legal services you need, our attorneys will take the time to listen to your situation and develop a personalized legal plan to reflect your needs.

Worried About Losing Your Child? Consult a Virginia Beach Family Lawyer.

The intense stress of legal battles, coupled with the fear of losing time with a child, can lead to feelings of anxiety, sadness, and even hopelessness. For many parents, the process feels like a constant uphill battle, where every hearing or negotiation brings a new wave of uncertainty and emotional strain.

The caring and compassionate attorneys at Randall, McClenney, Daniels & Dunn, PC understands the difficulties and legal issues that often accompany child custody cases. We will listen to your side of the story, provide legal advice, and help support you in court. To schedule a free consultation, contact our family law firm at 757-742-6115 or fill out this convenient online contact form.