When it Comes to Access to Your Children Your Rights Should be Protected
You can avoid a costly custody battle and protect your rights as a parent by hiring the right lawyer. Oram-Smith Family Law is here to handle all the legal issues pertaining to protecting your child custody and visitation rights.
Custody and visitation schedules are often one of the most contentious issues associated with any divorce. The past decade has seen many changes in how child custody cases are decided. We are in an era when either the mother or father can obtain substantial custody rights without prejudice.
Custody is awarded based upon factors that determine the best interest of the child. It sounds simple, but the way your case is prepared and presented makes a big difference in how the court determines custody of your children.
What is in the best interest of your child?
Judges make a determination on a case-by-case basis. Below are just some of the factors that may be considered in deciding a child custody arrangement.
Military Service Members and Child Custody Cases
Parents serving in the military can be faced with special circumstances related to child custody. As a military service member you may have had to temporarily relinquish custody of a child due to deployment.
If you are a separated or divorced parent in the military, a change of station and relocation can have a crucial impact on your custody agreement. When faced with this difficult situation you will want to have the council of a lawyer on your side.
Custody arrangements are subject to individual state laws. In some states, you would lose custody if you move, therefore it is in your best interests to have a military relocation provision stipulated in your custody agreement.
The living situation of each parent:
Which parent will provide the best home environment?
What is the financial status of each parent?
What is the employment status of each parent?
Does the child have special needs that can be better met by one parent over the other?
The age of the children:
The age of the children can present various needs and challenges that will be addressed.
Are the children toddlers or preschool age?
Are the children teenagers?
The relationship of the children with each parent before the divorce:
What is the child’s relationship with each parent?
Which parent has the child been living with on a regular basis?
Is there willingness of each parent to support the other’s relationship with the children and extended family?
The preference of the children:
Does the child have stronger emotional ties to one or the other parent?
Stability and consistency:
Which parent is the most suitable custodian based on character, temperament and stability?What is the ability and interest of each parent to provide for the emotional, moral, social, material and educational needs of the child?
What child-rearing skills does each parent possess?
What is the apparent motive of each parent for seeking custody?
What type of extended family relationships exist?
Abuse or neglect:
Is either parent unfit to have custody? Drug or alcohol abuse, for example, usually makes a parent “unfit”. Other factors such as arrest records and criminal backgrounds weigh heavily in custody decisions.
As an experienced and compassionate divorce lawyer, Ms. Oram-Smith is committed to helping parents work through complex custody, visitation, and parenting time issues. Our overriding concern is what is in the best interest of the children. A variety of custody arrangements can be worked out to meet the needs of the child: joint legal custody, sole legal custody, primary physical custody, and shared physical custody.
When a couple is pursuing a divorce, child support establishment usually needs to be addressed simultaneously with custody and visitation schedules. Child support establishment, modification and enforcement also requires competent representation to assure the most advantageous outcome for the children, and your situation.
Call us at 757-226-0141 and Ms. Oram-Smith will explain all of the laws and how they may pertain to your unique situation.
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Call us today at 757-226-0141 for a confidential legal consultation.
Jennifer D. Oram-Smith PC.
Virginia Beach, Virginia