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Is it possible for father to get joint physical custody if the mother does not agree?

Manassas, VA |

Mothers primarily get sole physical. Can they lose physical custody if father fights it in court?

Attorney Answers 3

Posted

As an attorney who represents only men, I can assure you that father's can get joint legal and joint/shared physical custody. My clients regularly obtain this result or better. You need to consult with a local attorney willing to fight for fathers' rights. There is no presumption in favor of the mother under Virginia law.

For more information on me, go to www.kevinpettrey.com. Please remember that if you find an answer particularly helpful, please mark it as helpful or "best answer" so that the attorneys who volunteer their time to answer these questions have feedback. This answer is only for informational purposes, is not legal advice, and does not create an attorney-client relationship. Every case is different and must be judged on its own unique facts.

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Posted

I would agree with Mr. Pettrey. There is no presumption in favor of the mother. The court has to look at the best interests of the child and the court looks to a number of factors when they determine this - such as each parents prior involvement in the child's life; the mental stability of each parent; any abuse present; the child's relationship with extended family members; etc. I would definitely suggest that you consult with a family law attorney in order to receive the best advice possible so that you can lay out the facts of your case. My office is located in Fairfax county but the attorneys in my office practice throughout northern Virginia.

For more information on my practice, call 703-658-6050 or go to www.deblaw.com. This answer is only for informational purposes. Please remember this is not intended as legal advice and does not create an attorney-client relationship. Every case is special and more information would be needed to provide you the best legal advice possible. Please remember that if you find an answer particularly helpful, please mark it as helpful or "best answer" so that the attorneys who volunteer their time to answer these questions have feedback.

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Posted

Absolutely, the father can get joint or shared physical custody, depending on the facts of your situation. I represent both mothers and fathers and shared physical custody is becoming more and more common when both parents have equal parenting skills. However, in determining whether you would be in that position, you need to seek legal counsel who can review with you the child custody factors that a court looks at in these situations, such as whether there has been any parental alienation, is a parent supporting the role of the other parent, what has been the history of the role of each parent with the child, the age and health of the child, whether there is extended family in the area, and numerous other factors. A good custody attorney will review with you all the factors set forth in the Code of Virginia, and help you to evaluate them in light of your specific circumstances so that prior to filing your custody case, you have a good feel for what to expect in court. You do need to seek legal counsel to evaluate those factors and plan your strategy. It is also a good idea to start keeping a journal of daily interaction with the child and the other parent.

For more information on my practice, go to www.deblaw.com. This answer is only for informational purposes. Please remember this is not intended as legal advice and does not create an attorney-client relationship. Every case is special and more information would be needed to provide you the best legal advice possible. Please remember that if you find an answer particularly helpful, please mark it as helpful or "best answer" so that the attorneys who volunteer their time to answer these questions have feedback

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