Joint Custody Lawyer New Kent County, VA
When a marriage ends and both parents want to remain actively involved in their children’s lives, joint custody can provide a framework for shared parenting. Reaching an agreement that works for your family and satisfies the court’s requirements requires careful planning. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team help parents in New Kent County, Virginia navigate joint custody negotiations and court proceedings. Call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Options for Establishing Joint Custody in New Kent County
Virginia law recognizes two forms of joint custody: joint legal custody, which gives both parents a voice in major decisions about the child’s education, health care, and religious upbringing; and joint physical custody, where the child spends significant time with each parent. Courts in New Kent County may order joint legal custody, joint physical custody, or both. Parents can present a written parenting plan that sets out a schedule, holiday rotation, and decision‑making process. If the parents cannot agree, the judge decides based on what is in the child’s best interests. Whether you are working toward a negotiated agreement or preparing for a contested hearing, understanding the options early helps you make informed choices.
What to Expect During a Joint Custody Case
A joint custody case in New Kent County typically begins when one parent files a petition in the Juvenile and Domestic Relations District Court—if custody is a standalone matter—or as part of a divorce in the Circuit Court. After the filing, the court may encourage mediation to help the parents reach a consensus. If mediation does not resolve all issues, the court may appoint a guardian ad litem to speak for the child’s best interests, and the matter proceeds to an evidentiary hearing. At the hearing, both parents present testimony and evidence. The judge then applies the statutory best‑interest factors to decide whether a joint custody arrangement is appropriate. The timeline depends on the court’s calendar and the complexity of the parenting issues involved.
Legal Standards for Joint Custody in Virginia
Virginia law requires the court to determine custody based on the best interests of the child. The factors a New Kent County judge must weigh are set out in Va. Code § 20-124.3. They include the age and physical and mental condition of the child and each parent, the existing relationship between each parent and the child, the role each parent has played in the child’s upbringing, the willingness of each parent to support the child’s relationship with the other parent, any history of family abuse, and other considerations the court deems relevant. There is no automatic preference for joint custody; the court looks at whether a joint arrangement serves the child’s needs. The Juvenile and Domestic Relations District Court handles custody when no divorce is pending, while the Circuit Court resolves custody as part of a divorce.
About Mr. Sris and His Of Counsel Team
Mr. Sris is a former prosecutor who founded Law Offices Of SRIS, P.C. in 1997. He and his Of Counsel team bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm maintains a Richmond location that regularly represents families in New Kent County courts.
Frequently Asked Questions
What is joint custody in Virginia?
Joint custody means both parents share legal responsibility or physical time—or both—for raising their child. Joint legal custody gives each parent a role in major decisions. Joint physical custody means the child lives with each parent for significant periods. The court may award one or both types.
How does the court decide whether to award joint custody in New Kent County?
The judge applies the trusted‑interest factors in Va. Code § 20-124.3, looking at each parent’s relationship with the child, the child’s needs, and the parents’ ability to cooperate. There is no automatic right to joint custody; the court decides based on what arrangement best serves the child.
What is the difference between joint legal custody and joint physical custody?
Joint legal custody involves shared decision‑making on education, healthcare, and religious upbringing. Joint physical custody involves the child spending substantial time with both parents. A parent can have joint legal custody without having joint physical custody, and vice versa.
Can joint custody be modified after the court enters an order?
Yes. A parent may petition to modify custody if there has been a material change in circumstances and if changing the arrangement serves the child’s best interests. The New Kent County Juvenile and Domestic Relations Court or Circuit Court will review the changed circumstances before modifying the order.
Do both parents need to agree for the court to order joint custody?
No. While agreement can streamline the process, the court may order joint custody over one parent’s objection if it finds that the arrangement is in the child’s best interests after considering all statutory factors.
What factors does a New Kent County judge consider when deciding custody?
The judge examines the child’s age and health, each parent’s role in the child’s life, the child’s relationship with each parent, any history of abuse, and each parent’s willingness to support the child’s relationship with the other parent, among other factors listed in the statute.
How long does a joint custody case take in New Kent County?
The timeline depends on court scheduling, whether the case requires mediation or a guardian ad litem, and the complexity of the parenting issues. Uncontested matters with a signed parenting plan often resolve faster; contested hearings take longer.
Do I need a lawyer for a joint custody matter in Virginia?
While you are not required to have a lawyer, a custody proceeding involves legal procedures, evidentiary rules, and statutory factors that can be challenging to navigate alone. An experienced attorney can help present your position and protect your parental rights.
Can a parent’s relocation affect a joint custody arrangement?
Yes. A planned move that significantly affects the existing parenting schedule may require court review. The parent seeking to relocate must provide notice to the court and the other parent, and the judge may modify the custody arrangement to protect the child’s best interests.
How can a lawyer help in negotiating a joint custody parenting plan?
A lawyer can explain the legal standards, help draft a plan that addresses physical custody, legal decision‑making, holidays, and future modifications, and guide you through discussions so that the plan is practical and likely to be accepted by the court.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Related legal services: Family Law Lawyer Fairfax County · Family Law Lawyer Prince William County · Family Law Lawyer Manassas. For a full statutory breakdown, see our comprehensive analysis at Law Offices Of SRIS, P.C..
Primary legal resources: Virginia Code Title 20 · Virginia Circuit Courts.
Request a Consultation with a Joint Custody Lawyer in New Kent County
To discuss joint custody arrangements, parenting plans, or a pending court matter, call Mr. Sris and his Of Counsel team at (888) 437-7747. Consultations are available by appointment.
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
By appointment only. Phone: (804) 201-9009 | Toll‑free: (888) 437-7747
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