Finding workable child custody and visitation plans during a divorce or separation in Virginia can be challenging. Parents can start by negotiating an agreement that suits both parties while prioritizing the child’s well-being.
If parents cannot agree, the court makes the final decision. Even when parents are on the same page, a judge must approve the plan to ensure it aligns with the child’s best interests. Understanding Virginia’s custody laws can help you create a plan that works for everyone involved.
Defining custody and visitation
Virginia divides child custody into two categories: legal and physical. While each case is unique, joint custody is typically preferred so both parents can maintain a loving and supportive presence in their child’s life.
Legal custody refers to the authority to make significant decisions about how the child is raised, such as health care choices, educational opportunities and religious instruction. Physical custody pertains to where the child lives on a day-to-day basis.
Visitation, often granted to the non-custodial parent, is the scheduled time the parent spends with the child. Both custody and visitation arrangements aim to support the child’s best interests.
Factors the court considers
Virginia courts weigh several factors when determining custody and visitation arrangements. Some key considerations include:
- The relationship between the child and both parents
- The capability of each parent to care for the child
- The physical and mental fitness of each parent
- The child’s involvement in school, religion and other activities
- Any history of domestic abuse, addiction or mental illness
These factors help the court decide the best arrangement for the child’s well-being. An experienced child custody attorney can guide you through this process, prioritizing your child’s interests while protecting your parental rights.
Creating a custody and visitation plan that works for both parents and children can be complex, but with the right approach and knowledgeable legal guidance, it is possible to reach an agreement that benefits everyone involved. The ultimate goal is to support your child’s well-being and help them maintain a healthy relationship with both parents.