How is Child Visitation Determined in a Virginia Divorce?

Child visitation issues of parents of children in Virginia divorces can be unnerving. Every parent involved in a divorce is worried about the impact of custody and visitation orders on their relationships with their children. Children may be unsettled during divorce, and making them feel safe can be facilitated by discussing their concerns and assuring them that they will continue to be loved and cared for both by words and actions.

Determining Visitation of Children in Virginia Divorce Cases

The court will consider a number of factors relevant to your family situation to come up with a child custody arrangement that is in the best interests of your children. You have the right to contribute to the discussion of your child custody arrangement, and an attorney can assist you with preparing your case. Under Virginia law, the court does not consider whether either party was at fault in determining child custody issues. The court is also not allowed to take in to consideration the fact that you did not pay child support in determining child custody arrangements. What the court is allowed to consider under Virginia divorce law includes:

The age and number of children involved in the case;
The needs of the children;
The wishes of each parent and any children who are old enough to express preferences;
The relationship of each parent to each child in the marriage;
The physical and mental health of each parent involved; and
Any other circumstances that the court determines to be relevant in your case.

If later on either party has changes occur which require revisiting the custody agreement, then either party can petition the court for a change. This can include either party moving to another city or state, the employment of one parent changing dramatically or other circumstances relevant to your child rearing. Discuss your options for modification of a custody or visitation agreement with an experienced attorney.

Getting Legal Help

Because your relationship with your child may depend on the outcome of your divorce case, it is wise to consult a family law attorney who practices in Virginia. An attorney can help you fight for your rights and work with the attorney of your spouse and the court to achieve the best outcome in your case. An attorney will help to make the proceedings more professional and reduce some of the emotions that divorce produces.

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