Child Custody & Visitation
MONTAGNA KLEIN CAMDEN LLP
OVER 150 YEARS OF COMBINED LEGAL EXPERIENCE WORKING FOR YOU
With Anthony L. Montagna, III, you can be confident that you have an experienced, professional family law attorney on your side. Anthony will fight to protect you and your family. He knows that every case is important to you, and he will battle for you in court.
Anthony was born on August 19, 1968 at Camp LeJeune, North Carolina. After several months, Anthony and his family moved to Norfolk, Virginia, his father’s home town.
Anthony graduated from Norfolk Academy in 1986. After graduation, Anthony attended and graduated from the University of Richmond with a Bachelor of Arts degree in Economics. At the University of Richmond, Anthony was awarded Intermediate Honors and was a proud member of the the Dean’s List. After graduating from the University of Richmond, Anthony attended and graduated from The University of Akron School of Law in 1993. Upon graduating from law school, Anthony joined his father as a partner at Montagna & Montagna, P.C.
As a partner at Montagna & Montagna, P.C., Anthony assisted individuals in many fields of law. Over the years, Anthony has handled bankruptcy, debt collection, worker’s compensation, personal injury, family law, DUI and traffic, security clearance, criminal, and corporation cases.
As the son of an attorney who served his country proudly on active duty and in the reserves in the United States Navy Jag Corps, Anthony has the necessary experience and knowledge to ensure you get the results that you want. He has practiced law for almost 25 years and is well known for his knowledge of the law and familiarity with the judges in Norfolk, Virginia Beach, Newport News, and all of Hampton Roads.
In his free time, Anthony enjoys travelling, reading, watching and playing sports, and spending time with his family. He particularly enjoys spending time with his daughter, Phoebe, who is 15 and attends Norfolk Academy.
“With almost 25 years of experience, I know each case is different, and I provide personalized attention for each client,” says Anthony. “I am committed
to providing my clients with zealous and skillful representation. I know that my client’s case is a serious concern, and I treat every client like I would want
my family treated. I am here to guide you through the complexities of your case and to provide you simple, straightforward answers to your questions.”
In addition to representing individuals who were seriously injured as the result of the negligence of others, Anthony has successfully defended individuals charged with serious criminal and traffic offenses. He has represented men and women dealing with contested and uncontested divorce, custody, and support issues. Anthony is driven to succeed and prides himself on his extensive preparatory research – vital to a favorable verdict.
Anthony strives to answer all questions, to provide regular updates and return all phone calls. If you want an attorney who will think outside of the box, make your case a priority and work hard for you, Anthony is the attorney for you.
REPRESENTING PARENTS THROUGHOUT VIRGINIA, INCLUDING NORFOLK, VIRGINIA BEACH, NEWPORT NEWS AND ALL OF HAMPTON ROADS
Few areas can be as contentious during a divorce than the process related to awarding child custody and visitation. In no other area of your divorce is it as important to maintain a spirit of cooperation and mutuality. There are times when agreements cannot be reached independently and require the court to intervene. In either situation, it is wise to hire an experienced attorney to represent you. Anthony Montagna knows what is important to his clients, and is not satisfied until his clients are satisfied.
Your children mean everything to you. It is important top hire a child custody and visitation lawyer who is tough and a fighter. When you hire Anthony Montagna and his partners for a child custody or child visitation matter, you hire a team of attorneys with a wealth of experience and lawyers who know how to win.
FIGHTING TO PROTECT YOU IN AND YOUR CHILDREN IN CHILD CUSTODY AND VISITATION DISPUTES
Anthony Montagna understands that sometimes good people need a good child custody or child visitation lawyer. Anthony will sit down with you and advise you of the steps necessary to file a petition for custody or a motion to amend custody or visitation in the Juvenile Court.
OVER 150 YEARS OF COMBINED LEGAL EXPERIENCE
The Norfolk child custody lawyers of Montagna Klein Camden with over 150 years of combined legal experience and Anthony L. Montagna, III represent civilian and military parents in child custody and visitation disputes throughout Virginia Beach, Norfolk and Hampton Roads, Virginia.
UNION WORKERS WELCOME
Call us at 757-625-3500 for a free consultation to discuss your case.
A+ RATED BY THE BETTER BUSINESS BUREAU
CHILD CUSTODY AND VISITATION FACTORS
There are many factors used by the court to make a decision concerning child custody and visitation in a Virginia divorce. The overarching guideline that the court uses to make its determination is the standard of the best interests of a child. Section 20-124.3 of the Code of Virginia, 1950, as amended defines the factors that the court considers in child custody and visitation cases.
The court considers:
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 family abuse as that term is defined in § 16.1-228 or sexual abuse. If the court finds such a history, the court may disregard the factors in subdivision 6; and
10. Such other factors as the court deems necessary and proper to the determination.
Section 20-124.1. of the Code of Virginia, 1950, as amended defines the most important terms to know in child custody and child visitation matters.
- Joint custody means (i) joint legal custody where both parents retain joint responsibility for the care and control of the child and joint authority to make decisions concerning the child even though the child’s primary residence may be with only one parent, (ii) joint physical custody where both parents share physical and custodial care of the child, or (iii) any combination of joint legal and joint physical custody which the court deems to be in the best interest of the child.
- Person with a legitimate interest shall be broadly construed and includes, but is not limited to, grandparents, step-grandparents, stepparents, former stepparents, blood relatives and family members provided any such party has intervened in the suit or is otherwise properly before the court. The term shall be broadly construed to accommodate the best interest of the child. A party with a legitimate interest shall not include any person (i) whose parental rights have been terminated by court order, either voluntarily or involuntarily, (ii) whose interest in the child derives from or through a person whose parental rights have been terminated, either voluntarily or involuntarily, including but not limited to grandparents, stepparents, former stepparents, blood relatives and family members, if the child subsequently has been legally adopted, except where a final order of adoption is entered pursuant to § 63.2-1241, or (iii) who has been convicted of a violation of subsection A of § 18.2-61, § 18.2-63, subsection B of § 18.2-366, or an equivalent offense of another state, the United States, or any foreign jurisdiction, when the child who is the subject of the petition was conceived as a result of such violation.
- Sole custody means that one person retains responsibility for the care and control of a child and has primary authority to make decisions concerning the child. petition was conceived as a result of such violation.
When things change following your divorce, you may have to petition the court to modify or enforce a child custody or visitation order. When seeking to have the court rule on a parental relocation or enforcement issue, you should hire an experienced family law attorney to represent you. Our firm has helped civilian and military parents with child custody and visitation modification and enforcement.
AREAS WE SERVE:
NEW KENT COUNTY
WILLIAMSBURG/JAMES CITY COUNTY
ISLE OF WIGHT