The possibility of losing custody of a child is terrifying. However, when it happens, there’s usually a good reason. If you are facing this potentially devastating scenario, you need to seek guidance from an experienced Virginia child custody attorney.
Hiring a lawyer for child custody matters is essential, particularly in situations involving legal complexities, abuse, and other unique circumstances. A child custody case attorney can have a substantial effect on the result, especially when the case is complicated and custody rights are at risk.
How Parents Usually Lose Custody
When a parent is addicted to drugs or alcohol, is mentally unstable, associates with people with criminal or dubious backgrounds, or is homeless or violent, they may lose custody of a child. In some cases, another family member (e.g., grandparent, aunt, uncle) intervenes and assumes full custody if they can prove that the child will face actual harm if the parent is in control.
Some parents may consider shared custody as a loss. However, from a legal perspective, shared custody is not a loss no matter how difficult it might be to accept. Even if you struggle with shared custody, it’s unlikely that a judge will change this arrangement unless the other parent does something seriously wrong.
This Explanation Is Far From What I Remember
Current legal perspectives on custody and visitation differ from the past. Courts now favor arrangements that maximize the child’s time with both parents, not just the mother. Regardless, when litigating custody, the judge ultimately makes the final decisions about custody and visitation.
With changes in attitudes and growing social acceptance of unconventional familial arrangements, there has been an increase in shared custody awards in litigated cases.
Can You Regain Custody if You Already Lost It?
If you lose custody, you need to make changes in your life and then prove to the court that you are capable of taking care of your child.
If you’re grappling with mental health challenges or addiction, get professional help and stick to the treatment program. Take advantage of all parenting time you’re allowed, be cognizant of any restrictions, and work with social agencies, parenting evaluators, therapists, and any other parties involved in your case. Be consistent and follow through on commitments–and keep detailed records of your progress.
If you’re homeless, focus on securing a job and rebuilding your life. Take the time to find suitable housing, be mindful of the backgrounds of roommates (including any criminal history and the backgrounds of their children), and exercise caution when considering living arrangements with a boyfriend or girlfriend.
You should not have to pay the price for one mistake for the rest of your life. Take steps to rectify the situation and enlist the assistance of an attorney to regain custody. Keep in mind that custody and visitation arrangements can always be modified when there is a substantial change in circumstances.
As part of this process, you must prove to a Virginia court that you are now eligible for custody rights. While regaining custody is a demanding process, you can file a petition for a modification, provided you can establish grounds for the change.
Get Sound Legal Advice
Representing yourself in a custody case is nearly impossible–not only due to legal complexities but also because the emotional nature of the matter makes it difficult for any parent to objectively advocate for themself. It is essential to have a reliable, experienced attorney, such as those from Coastal Virginia Law, to present your case, manage interactions with the court and social services, and engage in negotiations with opposing counsel.
We’re also here to explain if a divorce lawyer handles child custody and who pays child support in joint custody!
