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Child Visitation Lawyer in Virginia Beach

Protect Your Visitation Rights

Deciding on a custody agreement is one of the most difficult decisions made during the divorce process. Typically, conservatorship and visitation schedules are strictly defined before a divorce is finalized. Virginia law is very firm about giving both parents time with their child, and a custodial parent can lose custody if they deny the noncustodial parent’s visitation rights. At The Law Offices of Daniel J. Miller, our family law attorney can help you navigate Virginia custody laws and protect your visitation rights.

Contact us at (757) 517-2942 to schedule a free consultation.

Virginia Visitation Laws

Virginia offers both joint and sole custody options, but doesn’t have a standard visitation schedule for the court to order. It’s up to the parents or a judge to define the structure of the visitation schedule.

A visitation schedule must:

  • Represent the best interests of the child
  • Give both parents time to maintain a healthy relationship with the child

In Virginia, a noncustodial parent is allowed visitation time with their child, but is not able to counter any of the rules or decisions made by the custodial parent.

Who can have visitation rights:

  • Parents
  • Grandparents
  • Step-parents

Other family members can receive visitation rights by hiring a family lawyer and pleading their case to the court.

Visitation Denied

The court has the power to deny visitation, especially in cases where a noncustodial parent stops paying child support or keeps a child beyond the limits of the custody order. If you are a noncustodial parent and fail to return your child after 48 hours, you can be charged with a misdemeanor and imprisoned for up to a month. If you take your child beyond state lines, you will be charged with a felony, fined $250-$1,000, and imprisoned up to a year.

As a noncustodial parent, you do have a right to protect your children if they are in danger. This is the only exception to the 48-hour rule. In this circumstance, you will need the assistance of a family law attorney to help you file a petition and modify the custody order.

Custody Modification

By retaining the services of a family law attorney, you can petition to modify a custody order. To do this, you need to prove that your living situation is significantly better than the custodial parent’s. The court will always do what’s best for the child, but will not alter the custody order if both living situations are of equal quality.

We Can Represent You

Virginia law is very strict about ensuring a child has time with both parents. At The Law Offices of Daniel J. Miller, our family law attorney has extensive knowledge of Virginia’s custody laws and can help protect your visitation rights. When you schedule a free consultation, our lawyer will review your case and strategize a plan based on your personal circumstances.

Contact The Law Offices of Daniel J. Miller at (757) 517-2942 to review your visitation rights.