FAMILY LAW – VISITATION
In Virginia, child visitation (also called parenting time or visitation rights) refers to the time a non-custodial parent spends with their child. Like child custody, the court’s primary goal when determining visitation is to serve the best interests of the child.
Here are the key factors Virginia courts consider when determining child visitation:
1. The Child’s Best Interests
Virginia courts prioritize the best interests of the child when making decisions about visitation. This overarching factor considers the child’s well-being in all aspects, including emotional, physical, and psychological health.
The court will evaluate the child’s needs and how the visitation schedule might meet those needs, keeping in mind that children benefit from maintaining relationships with both parents whenever possible, unless there are significant concerns that would affect their safety or well-being.
2. The Parent-Child Relationship
The strength of the relationship between the child and each parent is a significant factor in visitation decisions. The court will look at:
- The emotional bond the child has with each parent.
- The parent’s role in the child’s life prior to separation or divorce (e.g., caregiving, emotional support).
- The degree of involvement each parent has had in the child’s day-to-day activities, such as attending school events, medical appointments, and extracurricular activities.
3. The Child’s Age and Developmental Needs
The age and developmental stage of the child are important in determining visitation arrangements:
- Younger children (such as infants or toddlers) may have a different need for stability and may require a more consistent routine with the primary caregiver.
- Older children might be more adaptable and capable of spending longer periods of time away from either parent. As children grow, their need for both parents to be involved in their lives remains important, but the schedule may become more flexible.
- Special needs children may require visitation arrangements tailored to their unique medical or emotional needs.
4. Each Parent’s Ability to Provide a Stable Environment
The court will consider whether each parent can provide a safe and stable environment for the child during visitation. The ability of each parent to:
- Meet the basic needs of the child (such as food, shelter, and medical care).
- Offer an emotionally supportive environment.
- Maintain stability in terms of the child’s routine (such as school attendance and extracurricular activities).
If one parent is unable to provide a stable environment—whether due to housing instability, work schedule, or other reasons—it may affect the visitation schedule.
5. The Child’s Relationship with Siblings
If the child has siblings, the court will consider whether it is in the child’s best interests to maintain visitation with both parents in a way that supports sibling relationships. The court may want to ensure that the child has an opportunity to spend time with siblings if they live in separate homes.
6. Each Parent’s Willingness to Foster a Relationship with the Other Parent
Virginia courts emphasize the importance of maintaining relationships with both parents when it is safe and in the child’s best interests. A parent’s willingness to cooperate with the other parent in facilitating visitation may be considered.
- If one parent obstructs visitation or prevents the child from maintaining a relationship with the other parent (such as by refusing to allow visits), the court may view this negatively and might adjust the visitation schedule to ensure the child’s relationship with both parents is protected.
7. Any History of Domestic Violence or Abuse
The safety of the child is paramount in determining visitation. The court will consider any history of domestic violence, abuse, or neglect by either parent.
- If there are concerns that one parent might harm the child, the court can impose supervised visitation or limit visitation to ensure the child’s safety.
- Protective orders or any other legal protections related to domestic violence may also affect visitation arrangements.
8. Substance Abuse or Mental Health Issues
The court will consider whether either parent has a history of substance abuse or untreated mental health issues that could interfere with their ability to provide proper care for the child during visitation.
- If there is concern that a parent’s behavior could negatively affect the child (for example, if a parent has untreated substance abuse issues or a mental health condition that impairs their ability to care for the child), the court may impose conditions on visitation, such as requiring drug testing or mental health evaluations.
9. The Child’s Preferences
- Children aged 14 or older: In Virginia, a child who is 14 or older can express a preference regarding visitation, and the court will give substantial weight to their wishes, though the court is not required to follow the child’s preference if it is not in the child’s best interests.
- Children under 14: The court may still consider the preferences of younger children, but the weight given to their opinion depends on their age, maturity, and understanding of the situation.
10. The Parents’ Work Schedules
The court will consider how each parent’s work schedule and availability for visitation might affect the child. For example, if one parent works long hours or has an irregular schedule, it may impact their ability to exercise consistent visitation, and the court will consider how that might affect the child’s relationship with both parents.
11. Geographic Proximity of the Parents
If the parents live far apart geographically, the court will take this into account when crafting a visitation schedule. Long-distance visitation may require more flexibility, such as extended visits during school breaks or vacations.
- The court will also consider the impact of long-distance travel on the child’s well-being, especially if the child is very young or the distance is substantial.
12. Parental Communication and Cooperation
The ability of the parents to communicate effectively and cooperate in matters related to the child will also influence the court’s decisions on visitation. Courts often favor parents who are willing to work together for the child’s benefit, making it easier to maintain a consistent and stable visitation schedule.
13. Any Other Relevant Factors
In addition to the factors listed above, the court can consider any other factors it believes are important to the child’s welfare. This could include a parent’s behavior, lifestyle choices, or any other circumstances that might affect the child’s best interests.
Types of Visitation
- Regular Visitation: A set schedule for the non-custodial parent to spend time with the child, typically on weekends, holidays, and vacations.
- Supervised Visitation: If the court is concerned about the child’s safety, visitation may be supervised by a third party or in a monitored setting.
- Unsupervised Visitation: The non-custodial parent may spend time with the child without supervision, assuming there are no safety concerns.
- Virtual Visitation: In some cases, the court may allow for virtual visitation, such as through phone calls, video chats, or other digital communication, especially if the parents are geographically distant.
Visitation decisions in Virginia are based on what is in the best interests of the child. The court considers a range of factors to ensure that both parents have the opportunity to be involved in the child’s life and that the child maintains healthy, safe relationships with both parents whenever possible. Each case is unique, and the court has discretion to tailor visitation orders based on the specific needs and circumstances of the family involved.