Virginia Beach Child
Custody Lawyer
Helping you put your child’s future first.
757-856-5068
What a Virginia Beach Child Custody Attorney Does in Your Case
When your child’s future is at stake, the reality is heavy. You may not know what to expect from the courts, and the fear of losing time with your child can feel crushing.
Few family law issues are more difficult or emotionally challenging than child custody arrangements. Both parents want to continue to be part of their children’s lives and, if you are not on the same page when it comes to scheduling or visitation rights, it can turn into a stressful ordeal.
The work of a custody lawyer is to build the evidentiary record that those factors require, file and argue the case in the correct court (Virginia Beach JDR or Circuit Court, depending on posture), negotiate parenting plans where possible, and litigate the case where the parents cannot agree.
Invictus Law represents parents in initial custody determinations, contested modifications, emergency custody motions, relocation cases, and matters where custody runs alongside a divorce, criminal case, protective order, or military deployment.
If you are facing a custody case in Virginia Beach, contact Invictus Law to schedule a confidential case review.
Why Custody Cases Go Wrong Without Legal Help
Custody decisions shape your child’s life, including where they sleep, who makes their medical choices, and how often you see them. Many parents try to handle custody on their own. They assume the court will see things clearly and believe that being a good parent is enough.
Still, child custody disputes can quickly spiral out of control if handled without proper legal support. In Virginia, family courts don’t just look at who loves their child more. They apply specific legal standards and factors to determine the child’s best interests.
Without experienced legal representation, small missteps may be present. Likewise, they can significantly harm your chances of securing the time with your child that you deserve.
Consequences of not having experienced legal representation:
- Missed opportunities: If you fail to meet deadlines or provide the proper evidence, your chances of modifying a custody order diminish.
- Difficulty in modification: Under the Keel v. Keel framework, modification requires both a material change in circumstances since the prior order and a showing that modification is in the child’s best interests. If you don’t have a strong initial order, the road to modification can be long and complicated.
- Weak cases lead to bad outcomes: Virginia courts weigh several factors when determining custody arrangements. Without the help of an experienced attorney, you may not know how to build your case effectively.
- Parallel proceedings can damage a custody case: Pending criminal charges (particularly Assault and Battery Against a Family or Household Member under Va. Code § 18.2-57.2), protective orders, CPS investigations, and military deployment status can all affect custody analysis. Statements and stipulations in any one proceeding can be used in the custody case.
What Are the Key Factors in Virginia Custody Cases?
Virginia courts focus on the “best interests of the child” when making custody decisions. These decisions are based on factors listed in Virginia Code § 20-124.3. The factors are not weighed equally in every case. The statute lists ten factors, but the weight any one factor carries depends on the specific record before the court.
A parent who has been the primary caregiver, a parent’s mental and physical condition, the child’s age and developmental needs, the parent-child relationship, the role each parent has played, propensity to support the child’s relationship with the other parent, and any history of family abuse all matter, but how much each matters varies.
Building the right record on the factors that will actually drive the decision in your case is the work of the defense.
Child Custody vs. Child Visitation
Many people use these terms interchangeably, but they have different legal meanings.
- Legal Custody: Legal custody refers to a parent’s authority to make major decisions regarding the child’s upbringing, including education, healthcare, and religion.
- Physical Custody: Physical custody determines where the child primarily lives.
- Visitation: Visitation determines when the parent who does not have primary physical custody spends time with the child.
Parents may share legal custody while one parent has primary physical custody and the other has an extensive visitation schedule.
How Custody and Visitation Cases Move Through Virginia Beach Courts
Custody and visitation cases generally follow a series of steps. While every case is different, understanding the process can help you prepare for what lies ahead.
Filing the Petition
Most custody and visitation matters begin in the Virginia Beach Juvenile and Domestic Relations District Court. The process starts when one parent files a petition, and the other parent receives formal notice of the case. Early preparation can help identify the issues likely to affect the outcome and the evidence needed to support your position.
Temporary Orders
In some cases, the court may enter temporary custody or visitation orders while the case is pending. These arrangements remain in place until the matter is resolved or the court orders otherwise.
Mediation and Settlement Discussions
Some custody and visitation disputes can be resolved through mediation or negotiation. Reaching an agreement may allow parents to maintain greater control over parenting schedules and other important decisions rather than leaving those issues to the court.
Hearings
If the parties cannot reach an agreement, the Virginia Beach Juvenile and Domestic Relations District Court may schedule a hearing.
Final Orders and Future Modifications
Once the court issues a custody or visitation order, it remains in effect unless modified by a later court order. Changes in employment, a parent’s compliance with the schedule, or a child’s needs may justify a request to modify an existing arrangement through the court.
No two cases follow the same timeline. The length of the process depends on the issues involved, whether an agreement can be reached, and the court’s schedule. Staying organized and responding promptly to requests can help the case move forward more efficiently.
What to Expect When You Work With Us
Child custody cases in Virginia follow a set path. Knowing each step helps you feel ready.
Step 1: Your First Consultation
We start with a meeting to hear your story. You tell us about your children, your current living situation, and your concerns. Then we give you a clear picture of how Virginia custody law applies to your case. There are no surprises. You leave with a real sense of what comes next.
Step 2: Document Review
We look at everything that matters to your case. This may include school records, medical records, communication logs, and any prior court orders. Virginia courts care deeply about what is best for your child. Strong documents support a strong case.
Step 3: Building Your Strategy
Every custody case is different. We build a plan around your goals and your child’s needs. We identify the key facts, spot the risks, and decide the most favorable path forward. That is, whether that means negotiating a parenting plan or preparing for a hearing in the Virginia Beach Juvenile and Domestic Relations District Court.
Step 4: Court Representation
If your case goes to court, we stand with you. We present your case clearly and firmly. Virginia judges weigh many factors when deciding legal custody and physical custody. We make sure the right facts reach the right ears.
Step 5: Resolution and Next Steps
Most cases settle. Some go to trial. Either way, we walk you to the finish line. Once a custody order is in place, we make sure you understand it fully. If things change later, we can help you seek a modification.
The process can take weeks or several months. We keep you informed at every turn.
What to Expect When Custody Lawyer Today
Your child’s well-being matters more than anything else in a custody case. At Invictus Law, we know how much is at stake for your family, and we’re here to help you through it.
Virginia Beach custody cases can move quickly. Courts make decisions that shape your child’s daily life for years. You need a lawyer who understands the law, the local courts, and how to advocate for your family.
Contact Invictus Law today to schedule a consultation and take the first step toward securing the future you envision for you and your child.
Why Choose Invictus Law for Your Custody and Visitation Case?
Invictus Law begins by understanding your relationship with your child, your goals for the case, and the circumstances that may affect the outcome.
Evaluating the Facts
Our attorneys review your parenting history, family circumstances, and the evidence most relevant to your situation. This helps identify the information needed to support your position, whether the dispute centers on custody, visitation, or both.
Preparing for Negotiation and Litigation
Some custody and visitation disputes can be resolved through negotiation. Others require a hearing before the Virginia Beach Juvenile and Domestic Relations District Court. Our team prepares for both possibilities from the outset.
Looking Beyond the Immediate Dispute
Custody and visitation decisions can affect child support obligations and future modifications. We consider how today’s decisions may affect your family in the years ahead.
Developing a Tailored Approach
We focus on the issues most likely to affect your case and build a plan based on your family’s circumstances and goals.
Helping You Restore Order
Addressing Military Family Considerations
Hampton Roads is home to a large military community. Deployment schedules and changes in work assignments can affect both custody arrangements and parenting time schedules. These considerations are addressed early in the process.
Throughout the case, clients receive straightforward guidance, practical advice, and clear communication about what to expect next.
What Makes Invictus Law Different
Former Prosecutor Experience
Several attorneys at Invictus Law began their legal careers as prosecutors. That experience provides valuable insight into how evidence is evaluated, how cases are built, and which arguments are most effective in court.
Guardian ad Litem Perspective
Some of our attorneys have served as Guardian ad Litem, a court-appointed role that represents children in family law matters. That experience provides valuable insight into custody and visitation disputes and the issues courts often evaluate when making parenting decisions.
Decades of Combined Trial Experience
Our team brings over five decades of contested trial experience in state, federal, and military courts. We prepare every case with the possibility of litigation in mind.
Experience With Military and Hampton Roads Families
Virginia Beach is home to one of the nation’s largest military communities. Custody and visitation disputes may involve deployment schedules, relocations, changing assignments, and other issues unique to military families. Invictus Law works with families throughout Virginia Beach, Chesapeake, and the surrounding communities and understands how these factors can affect parenting arrangements and long-term planning.
Team-Based Preparation and Clear Communication
Custody and visitation cases are prepared collaboratively, allowing multiple legal professionals to evaluate the facts and identify important considerations. We also strive to respond to client communications within one business day so you remain informed throughout the process.
Our Attorneys
Rather than working in isolation, our attorneys regularly discuss complex legal issues, evaluate strategy, and draw upon one another’s courtroom experience. That means every client benefits from the collective knowledge of the firm—not just the experience of the attorney assigned to the case.
Eric Leckie
Founding Attorney. Marine Corps JAG. Former Prosecutor.
Founder of Invictus Law and a former United States Marine Corps Judge Advocate with over 23 years of trial experience in federal criminal defense, military law, and security clearance matters.
Shemeka Hankins
Former Prosecutor, Decorated Trial Attorney & Fearless Criminal Defense Lawyer
Partner. Former Prosecutor with the Virginia Beach and Norfolk Commonwealth Attorney's Office, recognized as a Super Lawyers Rising Star and Virginia State Bar Local Bar Leader of the Year.
Yolanda Beasley
Family Law and Trial Attorney. Certified Guardian ad Litem.
Virginia Beach native and certified Guardian ad Litem recognized as a Super Lawyers Rising Star (2023, 2024) and National Black Lawyers Top 40 Under 40.
Reviews & Results
Frequently Asked Questions
What is the difference between legal and physical custody in Virginia?
Legal custody covers decision-making authority over major matters in the child’s life (education, religious upbringing, non-emergency medical care). Physical custody covers where the child lives and the parenting schedule. Either form can be sole or joint, and the two are decided independently under Va. Code § 20-124.2.
When Should I Contact a Visitation Lawyer in Virginia Beach?
You should contact a visitation lawyer when parenting time is being blocked, missed, changed, or ignored. Legal help is also important if you need a new order, want to change an existing order, or need to enforce a schedule.
How does a Virginia court decide what is in the child's best interests?
The court applies the ten factors listed in Va. Code § 20-124.3, including the child’s age and developmental needs, the role each parent has played, the propensity of each parent to support the child’s relationship with the other parent, any history of family abuse, the parents’ mental and physical condition, and the child’s reasonable preference where the child is of an age and intelligence to express one. No single factor is decisive.
Can a child choose which parent to live with in Virginia?
A child’s preference is one of the ten § 20-124.3 factors and is given more weight as the child matures, but a child does not have unilateral authority to choose. The judge weighs the preference alongside the other factors and decides based on the child’s overall best interests.
Does marital status affect custody rights in Virginia?
Both married and unmarried parents have the right to seek custody and visitation. An unmarried father must establish paternity, either through a voluntary Acknowledgment of Paternity under Va. Code § 20-49.1 or through court-ordered genetic testing, before pursuing custody or visitation.
Which court hears Virginia Beach custody cases?
Initial custody and visitation cases between unmarried parents, and post-divorce custody modifications, are heard in the Virginia Beach Juvenile and Domestic Relations District Court (JDR). Custody decided as part of a pending divorce is heard in the Virginia Beach Circuit Court.
How does military deployment affect custody in Virginia?
Active-duty service members have specific rights under Va. Code §§ 20-124.7 through 20-124.10, which govern temporary custody and visitation arrangements during deployment and protect the service-member parent’s pre-deployment custody status upon return. Deployment cannot, by itself, be the basis for a permanent modification.
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