Fathers Rights Virginia

specialization
Father rights are an often misunderstood area of Virginia family law. At Livesay & Myers, we have
seen many good, active fathers come to us after making devastating mistakes in their custody cases.
We have seen men who, misunderstanding their rights or relying on incorrect legal advice, have let
themselves be bullied into signing unfavorable agreements or have handled themselves badly in court.
Don’t repeat their mistakes! Instead, abide by the following list

Enough Knowledge
. Do understand how Virginia courts decide custody and visitation cases. In determining custody and visitation, Virginia
courts are directed by law to give primary consideration to the child’s best interests, and the specific factors a court should
consider in making this determination are set forth in Moreoversets out an explicit statutory preference in favor of frequent,
continuing contacts between parents and children, and, when appropriate, shared responsibility for child-rearing. After making its
decision, the court has an obligation to explain the decision to the parents, and the court must expressly give its findings of fact
regarding the relevant factors listed in Virginia Code § 20-124.3. In short, although the court is given vast discretion to decide what
custody or visitation arrangement is in the best interests of your child, the court’s discretion is restrained by its obligation to
consider the statutory factors and the specific facts and evidence presented in your case. No undue preference may be given to
either party, and the decision must be supported by the evidence given at trial.

. Do understand that there is no presumption or preference in favor of mothers under Virginia law in
custody and visitation cases. Virginia Code § 20-124.2 explicitly states that, in custody and visitation
cases, “[a]s between the parents, there shall be no presumption or inference of law in favor of either.”
Moreover, none of the factors set forth in § 20-124.3 inherently favor mothers or fathers. Several of the
factors listed in § 20-124.3 do tend to favor the,” but that can be overcome by some of the other factors.
Although a court can consider the age and needs of a child, and the role a parent has played in the care and
upbringing of a child, the Virginia Court of Appeals has held that it is reversible error for a trial court to favor
mothers of children of “tender years

. Do understand the legal terms that are used in custody and visitation cases. It is perhaps most vital to
understand the meaning of the terms legal custody, joint legal custody, sole custody, physical custody, primary physical
custody, and visitation. Legal custody refers to the responsibility for the care and control of the child and the authority
to make decisions concerning the child. When both parents have legal custody of a child, they are each said to have
joint legal custody. Where only one has legal custody, that parent has sole custody. Physical custody involves the
day-to-day care and supervision of a child and establishes where a child will live. A parent with primary physical
custody will have the right to have the child with him or her, except for those periods during which the other parent has
visitation. During visitation, the parent who lacks primary physical custody generally has the right to care and supervise
the child without interference from the other parent

You should expect a court to hold you to your word when you sign an agreement, even if you come to
regret the decision later. If you sign an unfavorable agreement, understand that it can be very difficult
or impossible for an attorney to relieve you from the terms of the same in the future. Once custody
and visitation have been determined, a court can revisit these issues only when there has been a
material change of circumstances such that a modification of custody or visitation would be in the
child’s best interests.