At the Richmond, Virginia Family Law firm of BoykoNapier, we understand that litigation involving your children, particularly litigation involving custody, visitation and support, is perhaps the most emotional experience of your life. Because our attorneys are experienced, we can help you through the difficult legal process and protect your rights as a parent. We understand that each client is different, each case unique. That is why we take the time to talk to you and discover all of the facts and circumstances particular to your case. Our success is a product of our passion and of our dedication to obtaining and retaining information about your case.
Child Custody and Visitation:
Courts are bound to consider statutory factors widely considered to be the “best interest” factors. Ultimately, the factors are designed to help guide the Court towards making a decision that is in the best interests of your children. Our family law attorneys will help you understand these factors and how they will impact your case.
What is Legal Custody?
- Legal custody is the type of child custody that determines which parent makes important decisions about the welfare of the child. Most parents have joint legal custody, meaning that they are required to communicate and discuss important issues such as school-related issues and medical concerns.
What is Physical Custody?
- Physical custody is the type of child custody that determines which parent has the child with them. The “primary” physical custodian will be the parent who has the child for the majority of time. In most circumstances, one parent is the primary custodian of the child, but the Court can order “shared physical custody” (when the parents have closer to equal shares of time with the child) or “joint physical custody” (when the parents have equal shares of time with the child).
Who is a Guardian ad litem?
- A guardian ad litem is an attorney appointed by the Court to represent your child(ren). This attorney will talk to your children and talk to both parents. Usually, the guardian ad litem will make a final recommendation to the Court at the hearing. It is important, if you are involved in a custody litigation, that you speak with a Family Law Attorney at BoykoNapier to discuss their role in more detail. You should be responsive to and respectful towards a guardian ad litem as they can have a significant influence on the outcome of your case.
What is “Supervised” Visitation?
- Supervised visitation is a right to visit with a child only under certain, “supervised” conditions. Often times supervised visitation will mean that a parent can only visit with their child if another, appointed individual is present to monitor the visitation. If you have questions about supervised visitation, contact a family law attorney at BoykoNapier.
Child Support Lawyers
In Virginia, when parents separate, the Court may enter a child support order, requiring one parent to pay support to the other for the benefit of the child. The Court can also order one parent to carry health insurance for the child, if available at a reasonable cost.
What are Child Support Guidelines?
- Under most circumstances, the Court’s child support amount will be based on child support guidelines—a statutory formula that considers the parents’ gross incomes, whether they have other children whom they support, the amount of any daycare expenses and health insurance premiums. In some circumstances, the Court will also consider how many days the child is with each parent.
What is DCSE?
- DCSE (“Division of Child Support Enforcement”) is a government agency that serves as a legal resource to child support recipients. They provide counsel through the attorney general’s office, and process child support payments. Registering your case with DCSE is not mandatory. If you have questions about DCSE, you should contact a family law attorney at BoykoNapier.
If you would like to discuss child custody, visitation and support, please contact a family law attorney at BoykoNapier by phone at (804) 658-3418 or by email.
