Virginia Custody and Visitation Order
Description Primary Custody Vs Joint Custody
How to fill out Sole Physical Custody Virginia?
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Virginia Child Visitation Guidelines FAQ
Can a child choose not to visit a parent? The mere age of your child will not determine your family law matter. There have been cases before the Court where a 17 year old child's wishes were given limited weight because the basis for this child's decision was not balanced.
In Virginia, there are two types of custody: legal and physical. Legal custody is the right to make decisions for your children, including major decisions such as healthcare, education, and religious upbringing. Physical custody is where the children live.
The most common arrangement is one in which one parent has sole physical custody, both parents have legal custody, and the noncustodial parent is granted visitation time.
If there is a valid, court-approved custody order in force, denying visitation is illegal and can have serious legal repercussions for the parent who denies visitation.However, the custodial parent must still take specific steps before denying visitation, such as notifying the appropriate authorities.
Virginia law gives no preference to either the mother or the father. Virginia law requires a judge to assure regular and frequent contact of the child with both parents.However, more and more often judges are granting shared physical custody, as well as joint legal custody.
Custody of the parties' children will be decided by the court based on what is in the best interests of the children. If the parties agree to a custody arrangement, the court must still make its own determination as to whether the arrangement is appropriate and in the best interests of the children.
When Can a Child Refuse Visitation in Virginia? Although the law requires judges to consider a mature child's preference in custody proceedings, the child can't refuse visitation with either parent until the child turns 18 (the age of majority).
Children 14 and older must be asked what they want. Their preference usually is given great weight, unless it is unreasonable. How does the Judge decide about visitation? Virginia law requires a Judge to assure regular and frequent contact of the child with both parents.