Child Visitation

Child Visitation

Virginia child visitation laws govern the circumstances under which a parent or other person may have contact with and spend time with a child. When parents are able to agree on a visitation or parenting-time plan, the court may incorporate the agreement into a court order.

When parents cannot reach an agreement, they may be encouraged to pursue mediation or other methods of resolving their dispute. If an agreement cannot be reached, the matter may be decided by the court.

Virginia Child Visitation

Virginia courts determine custody and visitation arrangements based on the best interests of the child. The court considers a number of factors, including the child’s age and physical and mental condition, the relationship between the child and each parent, the child’s needs and other important relationships, each parent’s role in the child’s upbringing, and each parent’s willingness and ability to support the child’s relationship with the other parent. The court may also consider the child’s reasonable preference when the court determines that the child has sufficient intelligence, understanding, age, and experience to express such a preference.

Virginia law provides that courts should assure children of frequent and continuing contact with both parents when appropriate and encourage parents to share in the responsibilities of raising their children. However, there is no presumption in favor of either parent or any particular form of custody or visitation.

Visitation, also referred to as “parenting time” in Virginia law when involving a parent, may take different forms depending on the circumstances of the case. A court may establish a specific schedule or impose conditions on visitation when appropriate to protect the child’s best interests.

Visitation for Grandparents and Other Family Members

Virginia courts may award custody or visitation to a person with a legitimate interest in the child’s life when the statutory requirements are met and doing so is in the child’s best interests. This can include grandparents, stepparents, former stepparents, blood relatives, and other family members who are properly before the court.

A person with a legitimate interest does not have the same status as a parent. A court must make the required findings before awarding custody or visitation to a non-parent, including a finding supported by clear and convincing evidence that the child’s best interests would be served by doing so.

Supervised and Restricted Visitation

In some circumstances, a court may order visitation subject to specific conditions. Depending on the facts of the case and the best interests of the child, visitation may be supervised or otherwise limited.

Virginia courts also have continuing authority to enforce their custody and visitation orders. A willful failure to comply with a court-ordered custody or visitation arrangement may result in enforcement proceedings, including a finding of contempt.

A court may also modify an existing custody or visitation order when circumstances change and modification is in the best interests of the child. Intentional withholding of visitation without just cause may constitute a material change in circumstances that could support a change in custody, at the court’s discretion.

Resolving Child Visitation Disputes

Child visitation disputes can be emotional and frustrating. A parent may feel helpless when disagreements arise over when, where, or how a child should spend time with the other parent.

Virginia law provides that mediation should be used as an alternative to litigation when appropriate. Mediation in custody and visitation matters may help parents develop a residential schedule and care arrangements and establish a process for handling future disputes.

Raheen Law Group can help you understand your options and assist you in moving forward.