Child Custody and Visitation Lawyer

Child custody and visitation decisions are some of the most important - and often contentious - issues that parents will face. In Virginia, child custody and visitation laws are designed to prioritize the child's needs and best interests.

Visitation is the schedule and arrangement for the child to spend time with the non-custodial parent. Virginia Courts work hard to ensure that minor children have frequent and continuing contact with both parents, regardless of which parent has physical custody.

Virginia Courts take a "best interests of the child" approach, considering several factors to determine custody and visitation arrangements. These factors are found in Va. Code § 20-124.3.

Types of Custody in Virginia

There are two main types of custody in Virginia: legal custody and physical custody.

Legal Custody

Legal custody is the right to make decisions about a child's upbringing, including education, healthcare, and religion. Virginia Courts encourage parents to share in the responsibilities of rearing their children; thus, there is no presumption or inference of law in favor of either a mother or a father. There are two types that a legal custody lawyer can help with:

Joint Legal Custody: Both parents share the decision-making responsibilities.
Sole Legal Custody: One parent has the authority to make all decisions related to the child's upbringing.

Regardless of whether a parent has legal custody, they cannot be denied access to medical or academic records unless, in the case of health records, providing them to the parent would cause substantial harm to the child.

Physical Custody

Physical custody is where the child lives on a day-to-day basis. Physical custody can be:

Primary Physical Custody: One parent has the child primarily living with them, while the other has visitation for less than 90 nights per year.
Shared Physical Custody: One parent has the child primarily living with them, while the other has visitation for more than 90 nights per year.
Joint Physical Custody: The child spends equal time with both parents, often on a week on/week off basis

If one parent has primary physical custody, the other is usually granted visitation rights. These visitation schedules can vary depending on the specifics of the case, and they can be:

Regular Visitation: Typically weekends, holidays, and school vacations.
Supervised Visitation: A court may order supervised visitation in cases where there are concerns for the child's safety or well-being.
Virtual Visitation: Sometimes courts allow parents to maintain contact with their child through phone calls, video chats, or other electronic means, especially when long distances are involved.

How Courts Determine Custody and Visitation in Virginia

Virginia courts focus on the child's best interests when determining custody and visitation. Factors the court considers include:

The age and physical and mental condition of the child, giving due consideration to the child's changing developmental needs;

The age and physical and mental condition of each parent;

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;

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;

The role that each parent has played and will play in the future, in the upbringing and care of the child;

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;

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;

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;

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 prior to 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

Such other factors as the court deems necessary and proper to the determination.

Modifying a Custody or Visitation Order

In some situations, circumstances change after the initial custody order is established. If you wish to modify an existing custody or visitation arrangement, you must show that there has been a material change in circumstances since the original order. This could include changes in a parent's living situation, health, or the child's needs.

Common Reasons For Modification Requests

A parent's relocation;
A significant change in the child's needs (health, education);
One parent's failure to adhere to the current visitation schedule; and/or
Allegations of abuse or neglect.

Enforcing Custody and Visitation Orders

If one parent is not complying with a custody or visitation order, the other parent can seek enforcement from the court. The court may hold the non-compliant parent in contempt of court, which can result in penalties such as fines, changes to the custody arrangement, or, in extreme cases, jail time.

Parenting Plans and Co-Parenting in Virginia

A parenting plan is a written agreement that outlines custody and visitation arrangements. While the court can impose a plan, many parents create their own through negotiation or mediation with a child custody attorney. A well-thought-out parenting plan should address:

Custody and visitation schedules (weekdays, weekends, holidays, vacations);
Decision-making responsibilities;
Transportation and exchange arrangements; and
Communication protocols between parents.

A successful co-parenting relationship requires cooperation, communication, and focus on the child's best interests. Even if parents have a strained relationship, it's important to maintain a working partnership when it comes to raising a child.

Partner With a Child Custody Lawyer Today

At M. Rogers & Associates PLLC, we understand that every family situation is unique. We provide expert guidance on handling custody and visitation law in Virginia. Whether you're in a custody battle, need help modifying an existing arrangement, or want to learn more about your rights, we're here to help.

Disclaimer

The content on this website is for informational purposes only and is not legal advice. Please consult a licensed attorney in Virginia for advice specific to your situation.