Virginia Custody and Visitation Attorney

In Virginia, children come first. The court is required to address matters concerning child custody, visitation, and support promptly, thoroughly, and, in some jurisdictions, in a separate hearing before considering other issues arising in divorce proceedings. Retaining an experienced Virginia child custody lawyer is essential if you’ve filed for legal separation (divorce from bed and board) or an absolute divorce in the Commonwealth.

At Culin, Sharp, Autry & Day, our experienced family attorneys will fight for your parenting rights while protecting your children’s best interests.

Overview of Virginia Child Custody, Parenting Time, and Visitation Laws

Although these terms are used interchangeably, they have different legal meanings in the Commonwealth.

Child Custody

Virginia recognizes two types of child custody: legal and physical. Legal custody refers to the rights of the parents to make major decisions on behalf of the child, including those related to the child’s education, religion, and healthcare. Parents may share legal custody of their children, or the court may award sole legal custody to one parent. In some instances in families with multiple children, split custody is an available remedy. Split custody is when each parent has some form of custody for one or more of the parties’ children.

As the name suggests, physical custody refers to the child’s actual residence and physical placement. Virginia courts may award parents joint, though not necessarily equal, physical custody, grant sole physical custody to one parent, or split the custodial award between the parents. Co-parents may agree upon custodial arrangements, whether in negotiations, mediation, or in the collaborative process, but courts in Virginia must still approve these agreements to ensure they’re in the best interest of any children who are subject to the agreement.

Parenting Time, Custodial Time, Visitation

Parenting time, custodial time, and visitation are different words used in Virginia to describe visitation awarded to a non-custodial parent. Courts may grant sole legal and physical custody to one parent but at the same time grant the other parent unsupervised or supervised visitation rights. Virginia courts are required to foster the relationship between any child and both parents, so any question of whether your co-parent is entitled to visitation depends on the unique circumstances of your case. You should always reach out to a dedicated Virginia visitation attorney to ensure your child’s wellbeing. In some cases, the court may temporarily award sole physical custody to one parent and visitation to a co-parent until the co-parent obtains stable and safe housing. An experienced child custody lawyer can petition to modify a custody arrangement to restore your physical custody rights as situations change.

Understanding Virginia’s Best Interests of the Child Standard

Every decision regarding custody and visitation of minor children must be reviewed under Virginia’s best interest of the child standard. In the Commonwealth, courts must consider the following factors in making child custody determinations under Va. Code Ann. § 20-124.3, including:

Age, developmental needs, and physical and mental health of the child
The age and mental and physical health of the parents
Quality of the relationship between the child and each parent
The ability of each parent to address the child’s emotional and physical needs
Important relationships between the child, siblings, peers, and extended family
History of domestic abuse
Parents’ ability to effectively communicate and support one another in making decisions
Child’s reasonable preferences

In contested custody cases, the court may appoint a guardian ad litem (GAL) to represent the child’s best interest. The GAL will report to the court his or her recommendations regarding child custody and visitation, which is why it’s important to have a dedicated child custody lawyer on your side throughout the process.

Call a Northern Virginia Child Custody Attorney at Culin, Sharp, Autry & Day

The experienced custody and visitation lawyers at Culin, Sharp, Autry & Day might help you obtain custody of your children, modify a custody order, or fight for visitation rights. Call (703) 934-2940 or connect with our family legal team online to schedule a consultation.