Custody & Visitation

3. Factors the Court Considers in Determining Custody and Visitation 

During the court’s determination of child custody and visitation, the court must consider certain factors. These factors include, but are not limited to the following:

• The age and developmental needs of the child. 
• The type of environment and living conditions each parent provides. 
• The child’s relationship with each parent. 
• The preference of the child, depending on age and maturity. 
• The parents’ ability to co-parent. 
• Any abuse or neglect history. 

4. Visitation Rights

In most cases, Virginia court’s agree that each parent should have the right to visitation (parenting time) with the child, unless it is not in that child’s best interest. Visitation is often unsupervised, but if the court has concerns about the child’s safety, the court may award either parent’s visitation to be supervised by a third party. 

5. Agreements Between Parents

• Custody Agreement Between Parents: If both parents can reach an agreement detailing the child’s custody and visitation schedule, these may be submitted to the court. These agreements are rarely rejected. 
• Modification: If a parent wants to change or modify a current custody / visitation schedule, the parent or their attorney must file a petition or motion to amend custody / visitation in the appropriate court. Unless this modification is agreed upon, the petitioning parent must present a change in circumstances from when the schedule was initiated (e.g., a parent relocates, changes in employment, etc.). Once the parent shows there has been such change, they must prove that the suggested change in visitation is in the best interest of the child. 

6. Hearing / Trial 

If all other attempts at reaching an agreement or settling fails, the court will hear each side present evidence and make a decision based on the evidence it hears. 

7. Final Order

Once the court makes a decision, a custody and visitation order is issued. This order is legally binding, and parents are required to adhere to its terms.

Conclusion

Determining custody and visitation in Virginia often includes a lot of settlement negotiations and if all else fails, a court’s final decision / order. Regardless of which route you take, effective communication, efforts to co-parent, and consulting with an experienced family law attorney often results in the best outcome for either parent and the child.

When it comes to custody and visitation, your child’s well-being and your relationship with them are our top priorities. At SMITH | ASHCRAFT, we understand how emotional and complex these cases can be, and we’re here to guide you through every step of the process.

Whether you’re seeking sole custody, shared custody, or need help establishing a visitation schedule, our experienced attorneys will advocate for an arrangement that serves your child’s best interests while protecting your parental rights.

Let us help you create a plan that works for your family. Contact us today to discuss your custody and visitation needs.