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3 child custody factors to keep in mind

On Behalf of | Jan 7, 2023 | Child custody

Custody is a crucial aspect of a divorce involving children. You want to protect your parental rights to have a healthy relationship with your kids after a divorce.

Several laws are followed in Virginia when a court orders child custody and visitation. However, you and the other parent may also agree outside court. Regardless of the chosen approach, here are three factors to keep in mind.

1. Type of custody

A parent can have physical and/or legal custody. With physical custody, the parent will take care of the child daily. In most arrangements, one parent may receive primary custody, which means they live with the child. And the other gets visitation rights – they can visit, or the child can go to their home according to an agreed schedule. On the other hand, legal custody involves making major decisions concerning the child’s upbringing.

Both parents generally retain legal custody rights unless there is a serious reason to take it away from one of them. Ensure the written agreement includes your rights as discussed before signing.

2. Visitation schedule

If you have been granted visitation rights, you need to pay attention to the schedule. Communication and a fair schedule can contribute to successfully raising kids after a divorce.

3. Modification

Your schedule and that of your kids will change in the future. The court will expect you as parents to handle most changes between yourselves. Yet you may need to return to the court to make major modifications, such as if one of you wants to move out of state with the children. You might also need to seek a modification if the other parent is failing to uphold their part of the deal and infringing on your custody rights.

Child custody and visitation agreements can be effective if parents pay attention to these vital factors. Aim at having an amicable agreement for a smooth transition.