How Child Custody and Visitation Work in Virginia

When Virginia parents separate, making plans for their children is rarely easy. Whether you are a single or divorced parent, understanding how custody and parenting time work can make the process less overwhelming.

Our experienced Virginia child custody attorney explains the factors the court considers and the steps to get a Virginia child custody or visitation court order.

Factors That Influence Virginia Child Custody and Visitation Orders

In Virginia child custody cases, there are generally three matters that need to be addressed. Legal custody authorizes one or both parents to make important decisions about the child’s upbringing. Physical custody impacts where the child lives, and parenting time determines visitation rights.

When deciding custody and parenting time, the court’s top priority is protecting the child’s best interests. Virginia law requires the judge to consider factors including:

• The child’s age and physical and mental health.
• Each parent’s physical and mental health.
• Each parent’s relationship with the child.
• Each parent’s past and expected role in raising the child.
• Whether each parent supports the child’s relationship with the other parent.
• Each parent’s ability to cooperate and resolve disagreements.
• Any incidents of abuse or other behavior that puts the child at risk.

In addition to these factors, the court may consider the child’s preference, depending on their age and maturity.

How Do You Establish Custody and Parenting Time in Virginia?

If you are getting a divorce in Virginia, the court generally addresses custody as part of these proceedings. If you are not married to the other parent, you may need to file a separate custody case. Here’s what’s involved:

• Determine which court should handle your case.
• File the appropriate petition or pleadings with the court.
• Consider mediation, which can help parents work out a parenting schedule and address disagreements without a judge.
• Develop a proposed parenting plan that includes visitation schedules, transportation arrangements, holidays, school breaks, communications, and how you will handle future disagreements.
• Complete required parent education, which is required by the Virginia court in contested custody, visitation, or support cases.
• Prepare for a hearing, if necessary.

If you cannot reach an agreement, each parent can present evidence and arguments about what arrangement is in the child’s best interests. Keep in mind that once the court enters a custody or parenting-time order, both parents must follow it. Failing to do so could jeopardize your rights and your relationship with your child.

Contact Our Experienced Virginia Child Custody Attorney

When it comes to child custody and parenting time in Virginia, knowing what’s involved and the factors the court considers can make the situation less overwhelming. For caring support and trusted legal help throughout these proceedings, reach out to Schwartz Kalina, PLLC.

Our experienced Virginia divorce attorney can help you understand how Virginia law applies to your case, negotiate a parenting arrangement, or represent you in court when litigation becomes necessary. Take the first step and contact us today to request a consultation.

Sources: 

law.lis.virginia.gov/vacode/title20/chapter6.1/section20-124.2/

selfhelp.vacourts.gov/page/13/custody-visitation-support

loudoun.gov/114/Juvenile-Domestic-Relations-District-Cou