Child Custody

Winchester Child Custody Lawyer

Comprehensive Child Custody Guidance in VA

Many of our clients want to know what is taken into account when determining child custody.

First, child custody is loosely defined as the determination of which parent gets legal and/or physical guardianship over their child after a divorce. Next, it is important to understand the goal of child custody, which is the child’s best interests.

Divorce can be a messy, emotionally-traumatic situation for everyone involved, but it is arguably most devastating for the child. The goal of the courts is to minimize this as much as possible when considering matters of child custody and support.

When determining which parent will retain custody of the child, the courts will take into consideration the following:

  • Age, health, and mental state of the child and the parents
  • The child’s needs and relationship with both parents and siblings
  • The backgrounds of family members—including history of abuse

Additionally, if the child is older than 14, their choice may be given weight in the decision, unless it is unreasonable.

If you are currently facing a troubling child custody battle, make sure that you have a skilled Winchester family law attorney on your side. At Amable Law, our legal team has years of experience and we are ready to utilize this on your behalf to protect not only your rights and interests but your child's as well.

Our firm is standing by for your call. Schedule a consultation today at (540) 739-2001!


Custody is not as simple and straightforward as who keeps the child.

There are different types of custody to provide multiple options for different family situations including:

  • Joint Physical Custody- In an ideal situation, joint custody is where both parents retain guardianship over the child. This is the most appealing option because it allows the child’s relationship with both parents to continue. In joint custody, a child splits his or her time living with both parents. The specifics of joint custody, such as where the child spends his or her holidays, are determined in mediation between the parents and their lawyers.
  • Joint Legal Custody- It may end up being in the child’s best interests to live with one parent (with visitation privileges for the other parent), but be under the legal guardianship of both parents. In joint legal custody, both parents still have the right to represent the minor, such as in making educational, religious, and medical decisions on their behalf.
  • Sole Custody- In this category of child custody, only one parent retains legal and physical guardianship of the child. The parent with sole custody is in charge of housing, day-to-day, and legal decisions for the child. The other parent may qualify for visitation privileges.


In Virginia, a father can get full custody in Virginia. Virginia courts can also grant sole custody to a single parent if parents are entirely are unable to communicate or agree with each other.

If a parent alienates the other parent or denies access to the child, the court will have grounds for granting sole custody to the other parent.

In addition, a court may award sole legal custody when one parent has abused a child or is otherwise deemed unfit in some way. While one parent may be awarded sole physical custody, it is most often the case that the other parent will be awarded some type of visitation.

Due Virginia’s public policy, a court is not likely to completely sever a parent’s right to see their child. Even when one parent is deemed unfit due to addiction, mental health issues, abuse, or some other reason – a court is still likely to award restricted or supervised visitation between that parent and the child.

Custody determinations are fact specific.

Understanding Child Sport in Virginia 

Child support is the term for court-ordered payments to be made by a parent to support their child.

In the case of sole custody, for example, the parent without custody of the child may be required to make payments to support the raising of the child, since it is assumed that the parent with custody will be helping to pay for the child’s day to day expenses.

Expenses that are included in a support order may be expected to cover:

  • Food
  • Clothing
  • Shelter
  • Health insurance
  • Education
  • Child care expenses
  • Travel expenses for visitation
  • Medical needs

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We Take Pride in Client Satisfaction
  • Mr.DelGado was very attentive to every detail I said to him about my case. He then gave me a very clear and confident road map.
    - Jennifer
  • I was suddenly faced with an extremely stressful situation and needed legal advice for a divorce. Mr. Delgado's recommendation was a blessing. During the consultation, I was impressed with his professionalism.
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  • I highly recommend Mr. Delgado, he was a tremendous help, very professional and extremely knowledgeable. He was very hands-on and made us feel very comfortable in our situation!
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  • I do not know what I would have done had I not had him in my corner fighting for my rights. You will not be disappointed by hiring Mr. DelGado.
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  • "I appreciate everything he did for my family! He's "The Best""
    I hired Mr. Delgado for my son who had gotten in a bit of trouble. He got the charges lowered to misdemeanors as soon as he was hired. We were kept informed every step of the way. We were so happy with the outcome! I appreciate everything he did for my family! He's "The Best"
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  • We hired Mr.Delgado to handle our complicated 601A hardship waiver. From start to finish he was there with his expert knowledge.
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    What Age Does Child Support Stop in VA?

    In Virginia, child support generally ends when the child turns 18. However, there are a few exceptions to this rule. For example, child support may continue if the child is still in high school and is not yet 18 years old. Child support may also continue if the child is disabled and cannot support themselves.

    If you have questions about whether or not child support will continue for your child, you should speak with our attorney.

    Let Our Winchester Child Custody Attorney Help You

    The thought of losing custody your child is a frightening proposition for any parent.

    Amable Law understands and we are ready to help you. Let us provide you with the personal attention and skilled representation that you deserve. Our firm is with you every step of the entire process or until you obtain the most favorable results possible.

    For more information on Virginia child custody and support or to get started with a consultation, contact our child custody attorney in Winchester at (540) 739-2001.

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