Virginia Child Custody and Child Visitation

Virginia courts will grant child custody and visitation rights in accordance with the best interests of the child standard. If a parent obtains child custody, they have the right to make numerous decisions regarding the child. When making a child custody or child visitation determination, Virginia courts will consider a variety of factors on a case-by-case basis. Due to the importance of child custody proceedings, it is bly advised that you consult a Virginia child custody attorney prior to entering child custody or child visitation proceedings.

Virginia Child Custody

When determining whether a parent will receive child custody in Virginia, courts will serve the child's best interests while attempting to preserve the dignity and resources of the family. Virginia courts will consider the following factors when deciding the child's best interests:

1. Each parent's age and physical condition
2. The child's age, physical, and mental condition
3. The child's relationship with each parent
4. Each parent's capacity and willingness to sustain a b relationship with the child
5. Each parent's history of domestic violence
6. Each parent's history of committing child abuse
7. The child's reasonable preference, taking into consideration his or her age and capacity
8. Any other factors the court deems necessary in coming to a conclusion on the child's best interests

The court may interview the child regarding custody and make a record of the interview. This interview may be used during the child custody proceedings unless the parties agree that the child should not be interviewed by the court.

Courts in Virginia require that any parent receiving child custody must give the court and the other parent at least 30 days' notice before moving, unless the moving party has good cause for not doing so.

A parent going through the child custody process is bly recommended to obtain a Virginia child custody attorney to ensure adequate representation in court.

Virginia Child Visitation Rights

Courts will grant reasonable visitation rights to parents and certain nonparents without custody if it is in the child's best interests. These rights will allow the parent or certain nonparent to visit and spend time with the child. A parent with custody may petition the court to stop the noncustodial parent from attempting to receive visitation rights if doing so is in the child's best interests and such parent has been convicted of one of the following crimes:
a) murder or involuntary manslaughter
b) felony assault resulting in serious injury
c) felony sexual assault against the child

If the custodial parent interferes with the noncustodial parent or nonparent's court granted child visitation rights, Virginia courts may punish the custodial parent by finding him or her in contempt of court. The same can be said about the noncustodial parent's interference with the custodial parent's custody rights.

A Virginia child custody attorney with experience working on child visitation rights should be consulted when attempting to obtain or fight against child visitation.

Virginia Statutes

Child Custody and Visitation Rights

1. Virginia Child Custody

1. Tit. 20, Chp.6.1 §§ 20-124.2, 124.3, 124.2:1, 124.4, 124.5.

2. Virginia Visitation Rights

1. Tit. 20, Chp.6.1 §§  20-124.2, 20-124.3.