Fairfax Child Custody Attorney

Child Custody and Visitation in Virginia

One of the most challenging aspects of a divorce case is how to establish a formal parenting plan that addresses the custody and visitation arrangements concerning your child.

Legal and Physical Custody Visitation

There are generally two areas of custody to be addressed in a parenting plan: legal custody and physical custody. If a parent has been awarded sole legal custody, he/she can make unilateral decisions. Legal custody is the right to make decisions on behalf of the child. Typically these decisions concern medical care, education, and religious training. Legal custody may be joint or sole. If parents have been awarded joint legal custody, such decisions must be agreed upon if a parent has been awarded sole legal custody, he/she can make unilateral decisions concerning the child. Physical custody concerns where the child lives and who has the responsibility for supervising the child at a specific time. The time spent with the non-custodial parent is often referred to as “visitation”.

Visitation Can Be Supervised or Unsupervised

In some cases, the courts will order supervised visitation to ensure that the child’s contact with the parent is safe. The most common type of visitation is unsupervised visitation, meaning a parent spends time with his or her child alone. During the scheduled visitation, the parent will visit their child at an approved location and under the supervision of an approved individual, usually a licensed therapist or social worker.

10 Factors Impacting Child Custody and Visitation Decision

In determining the best interests of a child for the purposes of determining custody and visitation, the court and attorneys will consider the following 10 factors set forth in Virginia code section 20-143.3:

1. The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs;
2. The age and physical and mental condition of each parent;
3. 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;
4. 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;
5. The role that each parent has played and will play in the future, in the upbringing and care of the child;
6. 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;
7. 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;
8. 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;
9. Any history of (i) family abuse as that term is defined in § 16.1-228; (ii) sexual abuse; (iii) child abuse; or (iv) an act of violence, force, or threat as defined in § 19.2-152.7:1 that occurred no earlier than 10 years prior to the date a petition is filed. If the court finds such a history or act, the court may disregard the factors in subdivisions 6; and
10. Such other factors as the court deem necessary and proper to the determination.

Caring & Knowledgeable Child Custody Lawyers You Can Trust

Our attorneys understand that you want to protect your children and do what is best for them. We offer our clients the care and compassion they need while fighting diligently for the most favorable outcome for them and their children. Our extensive experience handling child custody and visitation cases allows us to efficiently represent your interests in court.

Meet with an Experienced Child Custody Attorney Near Fairfax VA

We can help you explore the child custody and visitation options that are best suited for you and your children. Call us today at (571) 328-5020 or request a consultation to speak with a child custody attorney at Curran Moher Weis.