How Much Time Do Divorced Parents Get With Their Children?

The end of a relationship is never an easy experience, especially when children are involved. Every parent wants what is best for their children and wants to be able to be part of their children’s lives as they grow up. Due to the nature of a divorce or separation, both parents cannot have the same amount of involvement with their children as they could if they were all living in the same house.

The State of Virginia seeks to grant equal time to both parents as long as neither poses a danger to the child. In fact, in many instances, custody cases in Virginia end with each parent being given equal time with their children. Usually, this decision is reached with the consent of both parents and the approval of judges and lawyers. However, some parents may want to have more custody time to themselves. In these instances, they might accuse their former partner of being an unsuitable parent. If this happens, a custody battle might ensue. As part of this dispute, children may be asked which parent they would prefer to receive majority or sole custody.

Depending on the circumstances of the case, a child’s decision may impact the final ruling. If you or a loved one anticipate a possible child custody battle, you must contact our firm’s passionate and dedicated family law attorney.

How is Child Custody Decided?

There is no set method for determining child custody. If parents cannot come to an arrangement themselves, a judge will review a case’s facts. Generally, the court recognizes that both parents play a vital role in a child’s upbringing. Most judges will try to grant 50/50 custody unless there is some kind of extenuating circumstance. Potential extenuating circumstances could include if one parent travels frequently for work, is stationed out of state or overseas in the military, is considered a possible danger to the child, or if the parents live a considerable distance from one another.

Virginia’s legal standard for child custody is based upon what is “in the best interests of the child.” This means that a judge will first and foremost determine what would best result in the child’s overall well-being when dividing custody.

What is “In the Best Interests of the Child”?

In determining what is in the best interests of a child, a judge will consider a variety of factors, including but not necessarily limited to:

  • The Child’s Physical and Emotional Well-Being
  • Any Parental History of Abuse, Neglect, or Criminal Behavior
  • Each Parent’s Ability to Meet the Child’s Needs
  • The Home Environment of Each Parent
  • The Child’s Preference

These are only a few of the potential factors a judge will consider to determine what is in “the best interests of the child.” There is no set way of deciding how custody will be split, and a single factor can potentially shift a judge’s determination. For example, one parent may seem “perfect” and present a case for themselves receiving sole or majority custody, but the children may not want to go with them. This can be a potentially significant factor in a judge’s final decision.

Do Children Get to Pick Which Parent They Live With?

Judges make the final rulings in child custody cases. In some instances, their wishes may not align with the child’s. A young child may consider one parent more “fun” or have a closer relationship with them, yet this parent may not necessarily be suitable for majority or sole custody. However, judges will take into consideration the wishes of a child.

In many instances, children may be swayed by sentimentality or even intimidation. Oftentimes, though, children are generally honest in court about their relationship with their parents and their reasons for wanting a particular type of custody arrangement. If a child has a more positive relationship with one parent over the other, and the judge finds that parent to be suitable, there is no reason that parent should not have custody, and the child’s wishes may be a deciding factor.

While most judges will not make their final decision based solely on what the child wants, it can become a determining factor. This is especially true for older children. Older children, especially teenagers, may have a more realistic perspective on their situation and be able to provide the judge with an honest assessment. This may prove difficult for one parent if they are trying to build or rebuild a positive relationship with their children, but those children would prefer custody with another parent. If a judge can see no reason not to respect the children’s wishes, they may award one parent greater custody. This is why if you or a loved one are facing a custody battle and are concerned about your children’s wishes, you need to contact our seasoned trial attorney immediately.

What Should I Do if I’m Facing a Custody Battle and Am Concerned About My Child’s Wishes?

Parent/child relationships can be complex. What begins as a turbulent relationship often becomes loving and supportive with time and effort. However, a parent must have custody in order to develop this relationship. If a parent has had a negative relationship with a child, it may impact that child’s wishes for custody. Depending on the situation and the child’s age, this may sway the judge. That could result in your losing partial or even full custody. If you or a loved one are facing a custody battle, you should contact the Law Office of Seth C. Weston, PLC.

Seth C. Weston has been protecting Americans’ rights for years, first as a U.S. Marine and then as a criminal prosecutor before becoming a defense attorney. He understands that separations and divorces are challenging and often bring up a lot of hurt feelings. He knows these feelings can extend to children, potentially impacting a case’s outcome. Seth C. Weston wants every parent to be a constructive, happy part of their children’s lives and will fight to ensure his clients remain present. If you or a loved one are going through a custody battle, don’t hesitate to contact him at 540-384-4585 to schedule your appointment.