Children’s health, safety, and security are of paramount concern to all families. Disagreements between parents regarding child custody, parenting time, and child support are often the most difficult and contentious part of any parental dispute. In resolving most disagreements, the courts focus on one primary consideration: what is in the children’s best interests. The attorneys at Stiles Ewing Powers are here to guide our clients through the process of determining what custody and visitation arrangement is in their child’s best interest and how to present that information to a court if their case cannot be settled.

Children-First Approach to Child Custody and Visitation

To the attorneys at Stiles Ewing Powers, the term “best interests” is not just a phrase. We work closely with our clients to ensure that the children’s needs are at the center of every matter and that decisions about their future are thoughtful and deliberate. Every family and every child is unique, so custody and visitation arrangements cannot be standardized. This process requires considering the factors of the Virginia Code, the same factors that a court must consider if the matter is litigated:

  1. The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs;
  2. The age and physical and mental condition of each parent;
  3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child’s life, the ability to accurately assess and meet the emotional, intellectual, and physical needs of the child;
  4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers, and extended family members;
  5. The role that each parent has played and will play in the future in the upbringing and care of the child;
  6. The propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;
  7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;
  8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age, and experience to express such a preference;
  9. Any history of (i) family abuse as that term is defined in § 16.1-228; (ii) sexual abuse; (iii) child abuse; or (iv) an act of violence, force, or threat as defined in § 19.2-152.7:1 that occurred no earlier than 10 years before the date a petition is filed. If the court finds such a history or act, the court may disregard the factors in subdivision 6; and
  10. Other factors the court deems necessary and proper for the determination.

To help ascertain the best arrangements for a child’s custody and visitation arrangement, we work regularly with mental health professionals who understand the many facets of child development and parent-child bonds. Every case is different, and we make sure to give our clients’ cases the attention and care they and their children deserve.

Child Support

Child support is a critical issue for most families. To flourish, children must have adequate financial resources for proper care, including adequate funding for food, clothing, shelter, and lifestyle needs. There is a delicate balance in determining how each parent will provide financial resources for child support. 

Each parent’s ability to earn income is considered when making a child support determination. Each parent’s earnings, or their ability to earn, is then balanced against the financial resources that each parent will need to meet their reasonable personal financial needs in accordance with their standard of living. The child custody lawyers at Stiles Ewing Powers work with clients to explain how the statutory child support guidelines work and how to address financial matters not covered by child support guideline calculations. We can collect and develop the evidence the court needs to accurately determine the proper child support amount to order. 

When making a child support determination, courts begin with the presumption that the statutory guidelines are correct and should apply to each case. However, deviations from the child support guideline amount are permitted if the evidence establishes that a deviation from the child support guidelines is in the children’s best interest and is necessary to meet the children’s needs. Clients need an attorney with experience in child support matters and strong advocacy skills to assist them in matters where child support is in dispute.

Our goal at Stiles Ewing Powers is to help our clients wisely navigate through the issues of child custody, child support, and visitation in a manner that is healthy for their children. We understand this is likely the most stressful time in our clients’ lives. We are here to help our clients understand the process and guide them through their options. We promote settlement of all issues, but when that is not possible, we will provide vigorous advocacy in court when needed. Please contact our office to speak with a child custody lawyer.