You’re in a messy relationship with the other parent of your child—so messy that one of you has secured a no contact protective order against the other. How does that protective order affect the type of custody the court will award in your custody case? It might seem natural to assume that the court would refrain from awarding joint legal custody at a final custody hearing when the parties have a no contact protective order in place. After all, how would parents share the decision-making responsibilities of their child when they are prohibited from directly communicating with each other?
In most custody cases, courts are inclined to award joint legal custody because Virginia courts are statutorily mandated to assure frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. Pursuant … Read More »