Practice Area
Virginia Child Custody Attorney
Child Custody and Visitation in Virginia
Some of the most difficult and emotionally heavy issues during a divorce or separation involve child custody and visitation schedules.
Virginia courts determine child custody based on the best interests of the children. This applies whether the parents are married or unmarried.
- Ages of the parents and children
- Physical and mental condition of the parents and children
- Parent and child relationship
- Children’s wishes
- Ability of each parent to meet the children’s needs
- Primary caregiver
- Home where the children will live
- Any history of violence
These factors help the court understand what arrangement best supports the child’s safety, stability, and long-term well-being.
Visitation Schedules
Whether your divorce is contested or uncontested, it’s smart to consult an attorney early in the process. Even in an amicable split, you may be entitled to retirement or pension benefits you don’t know about.
An uncontested divorce saves money, reduces stress, and helps couples co-parent more effectively. It also allows both parties to make their own decisions with greater flexibility than a court order would provide.
- Weekly or biweekly
- Birthdays and holidays
- Summer vacations and extended breaks during the school year
Visitation Rights and Custody Modifications in Virginia
A parent who denies court-ordered visitation can face contempt charges, fines, or even a loss of custody, and child support issues do not excuse withholding visitation. Courts can also modify custody when there is a meaningful change in circumstances, such as a new work schedule, school changes, substance abuse concerns, or shifts in a child’s needs.
Denial of Visitation
A parent who denies court-ordered visitation can be held in contempt of court and may face fines, jail time, or even a transfer of custody. The noncustodial parent’s failure to pay child support does not justify withholding visitation, and denial of visitation does not excuse non-payment of child support.
Modification of Custody
Virginia Courts can modify custody orders any time there is a “change in circumstances” that would warrant a change to the custody arrangement. A significant change in job schedule, the child entering kindergarten, a parent’s drug or alcohol abuse (or recovery from drug or alcohol abuse), or the changing emotional needs of the child, can all be considered a “change in circumstances” that would allow the Court to change a child custody order.
Relocation and Custody
As careers become more geographically flexible, more and more parents may need to move to pursue new opportunities after splitting with a previous partner. Taking a job when you share custody with another parent can be difficult if the other parent objects. These type of custody cases are called “relocation cases” and special standards apply. Judges have a lot of latitude in order to permit or deny a relocation, and it takes a skilled attorney with an understanding of nuanced case law to properly represent a parent who wants to move with their child when they share custody with someone else.
Slovensky Law has handled many relocation cases, and has developed a unique legal strategy for each case, whether representing the moving or remaining parent.
Frequently Asked Questions About Child Custody
What does “best interests of the child” mean in Virginia custody cases?
The “best interests of the child” is the standard used by Virginia courts to decide custody. It includes factors like the child’s age, health, emotional needs, the relationship with each parent, the ability of each parent to meet the child’s needs, and any history of abuse or violence.
What are the different types of custody in Virginia?
Virginia recognizes two main types of custody: Physical Custody-refers to where the child lives and Legal Custody-refers to the right to make decisions about the child’s upbringing, such as education, healthcare, and religion. Custody can be sole (one parent) or joint (shared by both parents).
Can a child choose which parent to live with in Virginia?
A child’s preference may be considered by the court, especially if the child is older and mature enough to express a reasoned opinion. However, the court will weigh this preference alongside other factors to determine what is in the child’s best interests.
What factors do Virginia courts consider when deciding custody?
Courts consider several factors, including:
- The age and health of the child and parents.
- The relationship between the child and each parent.
- The ability of each parent to meet the child’s needs.
- The child’s preference (if appropriate).
- Any history of domestic violence or abuse.
- The role of the primary caregiver.
- What is a visitation schedule, and how is it determined?(A visitation schedule outlines when the noncustodial parent will spend time with the child. Virginia does not have a standard schedule, but common arrangements include weekly or biweekly visits, holidays, birthdays, and extended time during school breaks. The schedule is designed to maintain the parent-child relationship.)
Can custody orders be modified in Virginia?
Yes, custody orders can be modified if there is a significant change in circumstances. Examples include a change in a parent’s job schedule, the child starting school, a parent’s substance abuse issues, or the changing emotional or physical needs of the child.
What happens if a parent wants to relocate with the child?
Relocation cases require court approval if the move significantly impacts the custody arrangement. The court will consider the best interests of the child, the reasons for the move, and the impact on the other parent’s relationship with the child.
What should I do if my ex-spouse violates the custody agreement?
If your ex-spouse violates the custody agreement, you can file a motion with the court to enforce the order. The court may impose penalties, such as fines or changes to the custody arrangement, to address the violation.
Can a parent deny visitation if child support is not paid?
No, a parent cannot deny court-ordered visitation because the other parent has failed to pay child support. Similarly, failure to pay child support does not justify withholding visitation. Both issues are treated separately by the court.
What is the role of a primary caregiver in custody decisions?
The primary caregiver is the parent who has been most responsible for the child’s daily care, such as feeding, bathing, and schooling. Courts often consider this role when determining custody arrangements, as it reflects the parent’s involvement in the child’s life.
How does domestic violence affect custody decisions in Virginia?
A history of domestic violence is a significant factor in custody cases. Courts prioritize the safety and well-being of the child and may limit or deny custody or visitation rights to a parent with a history of violence.
Do grandparents have custody or visitation rights in Virginia?
Grandparents can petition for visitation or custody, but their rights are secondary to the parents’ rights. The court will consider the child’s best interests and the existing relationship between the grandparent and the child.
What is the difference between sole and joint custody?
Sole Custody: One parent has full physical and/or legal custody of the child.
Joint Custody: Both parents share physical and/or legal custody, requiring cooperation in decision-making and parenting.
Do I need an attorney for a custody case in Virginia?
While it is not mandatory, hiring an experienced child custody attorney is highly recommended. An attorney can help you navigate the legal process, protect your rights, and advocate for the best interests of your child.
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