Child Custody & Visitation Lawyer in Portsmouth, VA

Few things matter more than your relationship with your children, and few legal matters carry as much weight as decisions about custody, visitation, and support. Levin & Levin, P.C. has represented parents and families throughout Portsmouth and the Hampton Roads area in child custody, visitation, adoption, and child support matters for decades.

Virginia law directs courts to decide custody and visitation based on the best interests of the child, guided by a specific list of factors set out in the Code of Virginia. These factors include the age and physical and mental condition of the child and each parent, the existing relationship and bond between each parent and the child, each parent’s role in the child’s upbringing and their ability to meet the child’s needs going forward, the child’s other important relationships, such as siblings and extended family, and each parent’s willingness to support the child’s relationship with the other parent, among other considerations.

Virginia also distinguishes between legal custody, meaning the authority to make major decisions about a child’s upbringing, and physical custody, meaning where the child actually lives day to day. Courts can, and often do, award joint legal custody even when one parent has primary physical custody, and no single factor from the statutory list automatically decides the outcome; the court weighs all of them together.

When one parent has primary physical custody, the other parent is generally awarded visitation, sometimes called parenting time, structured to maintain a meaningful relationship between that parent and the child. Visitation schedules can be tailored to the family’s specific circumstances, including holidays, school schedules, and each parent’s work commitments, and either parent can later request a modification if circumstances materially change.

Virginia calculates child support using an income shares model under the Code of Virginia, which combines both parents’ gross monthly incomes, looks up a basic support obligation on a statutory schedule based on that combined income and the number of children, and then divides that obligation proportionally based on each parent’s share of the combined income. The cost of the child’s health insurance coverage and work-related child care are generally added to the basic obligation before it’s divided between the parents.

The calculation shifts depending on the custody arrangement, with a different formula applying when a parent has the child for a significant portion of the year under a shared custody arrangement. The guideline amount produced by this formula is presumed correct, though a judge retains discretion to order a different amount when the guideline figure wouldn’t serve the child’s best interests under the specific circumstances of a case.

Virginia law recognizes two categories of adoption placement: agency placements, where a child is in the custody of a local department of social services or a licensed child-placing agency, and non-agency placements, where a birth parent or legal guardian directly consents to the adoption. Non-agency adoptions include parental placement adoptions, stepparent adoptions, close relative adoptions, and adult adoptions, each with its own specific process and timeline.

Stepparent adoptions are among the more common non-agency adoptions we see, allowing a stepparent to adopt a spouse’s child with the appropriate consent from the other legal parent, or after that parent’s rights have been terminated. Every adoption requires the court to find, based on clear and convincing evidence, that the adoption serves the best interests of the child, and most adoptions involve a home study and a period of supervised placement before the adoption is finalized.

Our attorneys bring more than 60 years of combined courtroom experience to custody, visitation, support, and adoption matters, and we understand how personal these cases are for the families we represent. We work toward resolutions that protect your relationship with your children, whether that means a negotiated agreement or, when necessary, presenting your case in court.

Levin & Levin, P.C. represents parents and families throughout Portsmouth, Norfolk, Chesapeake, Suffolk, and the wider Hampton Roads region in custody, visitation, child support, and adoption matters. If you need help with any of these issues, contact our office today to discuss your situation.