How Long Does it Take to Get Custody Under Virginia Law?
How Long Does it Take to Get Custody Under Virginia Law?
If you need to file for custody, it can be difficult to wait for the court to schedule a hearing. You are probably wondering, how long does it take to get custody under Virginia law? As a custody lawyer in Roanoke, Virginia, I’ve navigated numerous cases in the Roanoke juvenile and domestic relations courts. The timeline of each case is unique, yet understanding the general timeline can provide clarity.
The first step is the filing of the petition for custody, as outlined in Va. Code § 20-124.2, which marks the formal commencement of the legal proceedings. This stage, while seemingly straightforward, depends heavily on the court’s capacity and scheduling, often taking several weeks to materialize into a hearing date.
In the interlude, temporary custody orders might come into play, offering a semblance of stability while the wheels of justice turn. These orders, typically addressed relatively swiftly, provide interim solutions during the ongoing case. However, it’s essential to remember that these are not permanent and serve as a bridge to the final resolution.
Also, you can pursue emergency custody under Virginia law.
The path to resolution might include mediation and negotiation – avenues encouraged under Virginia’s legal framework (as per Va. Code § 20-124.3) to foster amicable agreements. The time invested here can vary, from weeks to months, influenced largely by the willingness of both parties to find common ground.
After filing the petition, the parties may be able to conduct discovery, which includes gathering evidence, conducting depositions, and preparing interrogatories. Then, the case is scheduled for a final hearing, which often takes a half-day of testimony and evidence. The parties can the seek post-trial motions and appeals to the Roanoke circuit court, when might extend the process several months.
Depending on the outcome, Va. Code §§ 20-108 and 20-108.1 allows the parties to seek further modifications of the custody order, when there is a material change in circumstances. Throughout this journey, the role of a custody lawyer is not just to guide you through the legal process but also to be a steady presence. As an experienced lawyer in the Roanoke juvenile and domestic relations courts, I can help navigate the court system to move toward a resolution.
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The duration of a typical child custody case with a lawyer in Roanoke, Virginia, defies a one-size-fits-all answer. It’s influenced by a multitude of factors depending on the complexity of the case. My commitment is to be by your side every step of the way, offering not just legal expertise but also understanding and support that best serves the interests of your child and your family. Our goal in every case is to seek judicial resolution as quickly as possible to get custody.