Practice Areas
- Nursing Home Abuse
- Personal Injury and Automobile Accidents
- Medical Malpractice
- DUI, Traffic and Criminal Law Defense
- Business Litigation
- Divorce
Firm News
Newport News Police Official Convicted of Drunken Driving
Three-Car Accident Kills One Person and Injures Four Others
Three High School Students Killed in a Car Crash in Virginia Beach
Young Volunteer Firefighter Killed in Crash
Former Virginia Tech Quarterback Found Guilty of DUI
Four Deaths on Virginia 151 Prompted Change
Fossella Found Guilty of Misdemeanor Charges of DUI in Virginia
Study Reveals 13% of Seniors Report Mistreatment
Grant Helps the Elderly Avoid Nursing Homes
Driver Convicted of DUI Death Arrested Again on DUI Charge
Firm Library
Nursing Home Abuse
- Virginia Adult and Elder Abuse and Neglect Statistics
- Suspect Elder Abuse? Learn About Mandated Reporting
- Signs of elder abuse, neglect, or exploitation
- Understaffed Nursing Homes can Lead to Elder Abuse
- Rights of Nursing Home Residents
Personal Injury and Automobile Accidents
- No Civil Liability for Hosts or Bars in Virginia
- Is Your Car Spying On You?
- What can be done about teen car deaths?
- Common Questions about Virginia’s Seat Belt Laws
- What the Injured Worker Gets
Medical Malpractice
- Website Allows Consumers to Compare Hospitals
- New Technology may Reduce Physician Mistakes
- Shortage of On-Call Specialists at Hospitals is Costing Patients
- Transient Ischemic Attacks & Strokes
- How Medical Mistakes are Costing U.S. Healthcare $8.8 Billion
DUI, Traffic and Criminal Law Defense
- Having one more for the road may skew breath tests
- The Federal Government’s Answer to Hard Core Drinking and Driving
- All about the Walk and Turn Field Sobriety Test
- Requesting a Restricted License in Virginia
- Ignition Interlock Devices & DUI Law
Divorce
General
A brief overview of child custody laws
Virginia defines three levels of custody: sole, joint, and shared.
In a sole custody situation, the child lives solely with one parent. The other parent may or may not have visitation rights. The non-custodial parent will typically have visitation rights every other weekend so long as they are of decent character and are not in default of an existing court order.
In shared or split custody, the parents take custody of different children. This is a less popular custody set up.
In joint custody, the parents share responsibility for decision-making and/or physical control of the child. There are actually three types of joint custody arrangements. In Joint Legal Custody, the parents share control of and care for the child, but teh child only has one primary residence. In Shared Physical Custody, the child has two residences, but spending major portions of their time with each parent. The third category is a combination of the two, which may be determined out of court by the two parents.
How is Custody Determined?
This depends on the couple. Some couples are able to amicably determine the custody situation in divorce settlement conferences. Other couples will have their custody situation determined by a court.
The first step in the court process is a temporary hearing. This occurs shortly after the initial separation papers are filed. The family court will hold a hearing and issue an order that will be in effect until the final divorce decree is entered. Unless there is some evidence that it would not be in the best interest of the child, temporary custody will typically be granted to the person who stays in the marital home.
The next step is a custody evaluation. When parents are unable to reach an agreement about custody, most courts will enter an order prior to trial. The court will have a psychologist or social worker perform the custody evaluation. This evaluation includes interviews with both parents and involved children, observation of the children, and possibly conversations with the child’s teachers. A typical evaluation will take four to six weeks to complete.
The final step is the custody trial. The primary consideration here is the best interest of the child. The court may review the child’s age, attachment to the parent who has been the primary caregiver, any history of domestic violence, and the child’s wishes.
After the entry of agreement or court order, a parent may seek to have the court modify the arrangement. To have the custody agreement changed, the parent making the motion must show that there has been a substantial change in the circumstances.
Ask an Attorney
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Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510
Toll Free: (800) 690-0235
Phone: (757) 622-7740
Fax: (757) 533-9223
FAQs
Personal Injury and Automobile Accidents
- Do I need a specialty lawyer for my personal injury case?
- When do I have a personal injury claim?
- Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
- Should I leave my vehicle unmoved at an accident scene until the police arrive?
- Should I call an Attorney before seeking medical attention?
Medical Malpractice
- What will the attorneys fees cost?
- What should I do if I feel that I, or someone close to me, have been a victim of medical malpractice?
- How is medical malpractice defined?
- The result of the medical care was bad and I believe that my doctor made a mistake. Will I win my case?
- Do doctors have a duty to tell the patients of every possible risk associated with a medical procedure?
DUI, Traffic and Criminal Law Defense
- Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
- Does the failure of the police to give the Miranda warnings prior to arrest operate to make your arrest unlawful?
- I have failed my breathalyzer test. What good can an attorney do in such a case?
- When should an attorney be present with me?
- I have been asked to sign some forms by the police officers. What should I do?
Business Litigation
- What is involved in litigating a business matter?
- What are the alternatives to litigation?
- How does mediation differ from arbitration?
- What effort will you put in to my case?
- What fee schedule is employed for a class action?
Divorce
- If your spouse is in the military and you have been married less than ten years, do you have any rights to the military pension?
- Do you have to have the agreement of your spouse to get divorced?
- How is it possible to agree on a divorce with the best possible outcome for both parties?
- Can I and my spouse use the same attorney for our divorce for the purpose of saving money?
- How likely is it for a father to retain custody of the children?