Northern Virginia Child Custody and Visitation

Challenges over child custody and visitation rights can be difficult and complex. Working with an experienced attorney in these areas can help prepare and protect you in the process.

Child Custody

In Virginia there are two types of child custody: legal custody and physical custody. Physical custody refers to the schedule identifying when each parent will be caring for each child. Legal custody refers to the right to make important health, education, and welfare decisions for a child.

A parent may have sole custody of a child or share joint custody between both parents. With sole legal custody, one person retains responsibility for the care and control of a child and has primary authority to make decisions concerning the child. Sole physical custody means the child resides with the custodial parent. The non-custodial parent may have visitation rights.

Joint legal custody means both parents retain joint responsibility for the care of the child as well as sharing joint authority to make decisions concerning the child. Joint physical custody means both parents share physical custody of the child, although not necessarily an equal share of time.

Virginia law allows “persons with a legitimate interest” to seek an award of custody and visitation rights. This means that grandparents, step-parents, former step-parents, and other blood relatives or family members may seek an award of custody and visitation rights in addition to legal parents.

Visitation Rights

Visitation is the time that a non-custodial parent is entitled to have with a child. Virginia law favors arrangements, both custody and visitation, that allow both parents to be involved in the lives of their children. In instances when a non-custodial parent has placed the child in a dangerous situation or acted otherwise inappropriately to the severe detriment of a child, a court may require that visitation with such parent be only conducted under supervision (“Supervised Visitation”).

The Process

Custody and visitation matters can be settled through negotiation or mediation between the parties. During the course of negotiation or other forms of alternative dispute resolution, parties have the ability to work together to determine creative custodial arrangements that take into account what works best for their unique family in addition to the best interests of their children.

If the parents are unable to agree on a custody arrangement and the court is tasked with resolving the matter, discovery may take place, during which the parties may seek answers to questions and request documents. Drug tests and substance abuse evaluations may be required, as well as psychological evaluations of the parties and children. Additionally, the court may appoint a guardian ad litem, which is an attorney tasked with representing solely the best interests of the child.

Once ordered, for a custody arrangement to be modified, there must be a material change of circumstances and new facts since the entry of the original custody order. Once a court has found that a material change of circumstances has occurred, any modified custodial arrangement must be in the best interests of the child.

Factors Considered

When making custody or visitation decisions, courts will determine what is in the best interests of each child. The Virginia Code lists multiple factors for the court to consider when deciding what custodial arrangement is consistent with the best interests of each child. Such factors include, but are not limited to, the following:

• The age and physical and mental condition of the child;
• 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 abuse or an act of violence, force, or threat in the previous 10 years.

The court can also consider other factors as the court “deems necessary and proper” to make a determination. However, Virginia law specifically establishes that there is no presumption in favor of either parent based on gender.

Custody and visitation matters can be complex. You deserve clarity, protection, and a plan that works. Contact our experienced attorneys today to schedule your consultation and start building a path forward that reflects your family’s needs.