Suffolk Legal Custody Lawyers

Child Custody Lawyers Helping You With All Your Legal Custody Needs

Of the many types of custody that a court may designate, legal custody may have the most impact on a child’s future. Legal custody may be joint (shared) or sole (only one parent is responsible).

Legal custody refers to the major decisions about a child’s day-to-day life, such as which school he or she attends, what religion (if any) the child is taught, and whether the child needs psychological assistance or medical care.

Generally, courts and judges would prefer to award joint legal custody for the well-being of everyone involved.

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However, there are several reasons why they would choose not to, including:

• If every decision becomes a fight
• If one parent is abusive or neglectful
• If one parent resides a far distance away
• If one parent is less involved in the child’s life in general

Legal custody and physical custody can be both shared or sole, or both can be different. For instance, the mother may be granted sole physical custody while the father is given sole legal custody. This means that the child would reside with his or her mother, and she would be responsible for hygiene, diet, clothing, etc. The father would be responsible for choosing the child’s school, religious affiliations, doctors, and even tutors.

Occasionally, this can be an ideal solution. In shared cases, a judge may need to designate one parent as the official “tie-breaker.” A skilled child custody attorney in Suffolk can guide you every step of the way through this complex family law process and can help you make well-informed choices about your future. At Bush & Taylor, P.C., we serve clients across Eastern Shore and Virginia Beach.

Modifying Legal Custody Orders

Once a legal custody order is finalized, it is possible to modify it, but it is not always a simple process. Modifications to legal custody orders are typically requested when circumstances change, and a parent believes the current arrangement no longer serves the best interests of the child.

Process for Modification:

• File a Petition: To modify a legal custody order, one parent must file a petition with the court, asking for a change in the custody arrangement.
• Court Hearing: A hearing will take place where both parents can present their reasons for wanting the modification and any supporting evidence.
• Judge’s Decision: The judge will decide if the modification is in the child's best interest, considering all relevant factors.

Factors the Court Considers:

• Child’s Needs: If a child’s needs have changed—such as requiring different medical care or educational needs—the court may consider modifying the custody arrangement.
• Parent’s Circumstances: If one parent’s situation changes significantly (e.g., relocation, job change, or health problems), the court will evaluate whether these changes justify modifying custody.
• Parent’s Behavior: If one parent becomes neglectful or abusive, the court may alter custody arrangements to protect the child’s well-being.

Impact of Legal Custody on Visitation Rights

Legal custody primarily deals with decision-making power regarding the child’s major life choices, such as education, healthcare, and religion. However, it can have an indirect impact on visitation rights.

• Visitation and Custody:
  • Legal Custody Does Not Equal Visitation: Having legal custody does not automatically determine the visitation schedule. Visitation is often a separate issue from legal custody and focuses on the amount of time a child spends with each parent.
  • Co-Parenting and Communication: Even with joint legal custody, parents must communicate and collaborate to make decisions that affect the child’s life. This can include coordinating schedules for school activities, medical appointments, and other needs.
  • Disagreements: If parents cannot agree on decisions, they may seek the court's intervention to resolve the issue.

Parental Rights and Legal Custody

In legal custody arrangements, a parent’s right to make important decisions about their child’s life is critical.

• Parental Rights:
  • Protection of Parental Authority: Legal custody protects the right of both parents to make decisions in the child’s best interest. This includes decisions about education, healthcare, religion, and other key aspects of the child’s upbringing.
  • Joint Custody: In joint legal custody arrangements, both parents share the responsibility for making decisions. While this can promote cooperation, it can also lead to conflicts if the parents cannot agree.
  • Sole Custody: In cases of sole legal custody, only one parent has the authority to make major decisions for the child. This can occur if one parent is unfit or unavailable to participate in these decisions.

Understanding how legal custody works and how it can be modified is essential for any parent navigating custody issues. If changes in circumstances or disagreements arise, it’s crucial to seek professional legal assistance to ensure that the child’s best interests are always prioritized.

FAQs About Legal Custody in Suffolk

Can legal custody be modified if both parents agree?

• Yes, legal custody can be modified if both parents agree on the change. However, the modification still requires approval from the court to ensure it serves the child’s best interests. This is important even in cases where non-parental rights may be involved, as the court must ensure that any changes are in the child's best interest.

How is legal custody different from physical custody?

• Legal custody refers to the right to make major decisions about the child’s upbringing, such as education, medical care, and religious practices. Physical custody, on the other hand, refers to where the child lives and who provides daily care.

Can one parent be granted sole legal custody?

• Yes, a parent can be granted sole legal custody if the court determines that it is in the child’s best interest, particularly if the other parent is unfit to make important decisions for the child or is unavailable.

Does having sole legal custody mean the child will live with me full-time?

• Not necessarily. Legal custody and physical custody are separate. You can have sole legal custody but still share physical custody or visitation with the other parent.

Can the court change legal custody without a formal request from one of the parents?

• In rare cases, the court may initiate a review or modification of legal custody if it believes it is necessary to protect the child’s well-being, even if neither parent has requested the change.

How does legal custody affect child support?

• Legal custody itself doesn’t directly affect child support. Child support is typically based on the amount of time the child spends with each parent and the parents' financial abilities. 

What happens if a parent violates the legal custody arrangement?

• If a parent is violating the legal custody agreement (e.g., making important decisions without the other parent’s input), the other parent can petition the court to enforce the agreement or request a modification.

Facing a Custody Issue?
Contact us now to discuss your case with an experienced Suffolk legal custody lawyer. Call (757) 926-0078 for immediate assistance.