Going through a divorce is rarely easy, and this is compounded when there are children involved. You obviously want what is best for your children, but what do you do when you and your ex-spouse are not in agreement with what that should be? This is when you will want to be aware of the child visitation laws as they specifically apply in the state of Virginia. We will work hard to make sure that your rights are protected and that you are able to see your children as the law allows.
It is important to understand that either parent can argue for custody. One parent might be awarded full custody, or there could be a joint custody decision handed down. However, in terms of visitation, it determines where the child will physically reside. Specifically, visitation is a directive that dictates who can see the child and when.
Virginia and Visitation
Judges in the state of Virginia will typically always award some type of visitation to the parent who has not received full custody of the child. The exception to this is if it is determined that such visitation is viewed to be outside of the best interests of the child.
When visitation is awarded, the court will usually ask the parents to work out a schedule that is suitable to both parties. When this cannot happen due to irreconcilable differences, the judge will have to step in and render a decision. This will occur after evidence is presented. A schedule will then be handed down that both parents will need to follow.
Not Getting Proper Visitation Time?
Virginia visitation laws are designed to protect the child while considering the rights of both parents as well. It is always best to try to work out differences without involving the court. However, when that doesn’t happen, or if the visitation schedule is not being followed, an attorney can assist you. At The Law Offices of Daniel J Miller, we will ensure you and your child’s rights are protected.
Call (757) 517-2942 to speak with a lawyer about getting visitation time with your child.