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In Virginia, there is no specific age where a judge will automatically consider a child's opinion on custody or visitation.
The court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds: If the parent has a history of molesting the child. If the court believes that the parent can kidnap the child. If the parent is likely to abuse drugs while taking care of the child.
Legally, Your Child Can Refuse Visitation at Age 18.
What Age Can a Child Refuse Visitation in Virginia? Although judges are required by Virginia law to factor in a mature child's preference when deciding child custody, the child can't legally refuse visitation with either parent until the age of 18.
In Virginia, there is no presumption in favor of mothers in custody and visitation cases. In fact, judges determine custody by taking into account the best interests of the child as opposed to a parent's desires. This means that fathers have an equal right to gain custody of their children.
This is, under Virginia Code, joint custody. The law, within § 20-124.2, recognizes three types of court-ordered custody, which would also be the default custody without a court order: Joint legal custody Both parents have the legal right to determine medical, educational and religious decisions for the child.
The fact is, under Virginia child custody law, there is no magic age at which the child gets to make the decision as to which parent will have custody of him or her. In fact, the child does not make the decision on his or her own custody at any age under Virginia child custody law.
Children aged 14 and older, are generally old enough and mature enough to express a preference, and in that case, the judge must factor their opinions into custody decisions.
Virginia Code § 20-124.2(B) states that the court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. In many cases that translates to the court ordering a joint legal custody