The Legality of Child Custody & Visitation

The care and upbringing of children following divorce is often an ongoing source of conflict for divorcing parents. Custody must address both physical custody, or the rights and responsibilities regarding the day-to-day care and activities of their children and legal custody, or the legal rights and responsibilities associated with the child's upbringing. Sometimes the couple agrees to an arrangement and sometimes the court determines one for them. In the past, courts routinely gave mothers physical custody and gave fathers visitation rights, sometimes awarding joint legal custody of the children with the children residing with the mother. Today, the courts have begun to realize that sometimes it is in the best interest of the children that they reside with the father, and reverse the roles of the parents. The courts are favoring joint ongoing child rearing responsibilities, with the children residing where it is most practical and where they will flourish best.

Divorcing couples often tackle custody and visitation issues as soon as they separate. Courts generally honor any custody agreements divorcing parents reach regarding their children. When custody is contested, some courts will require parents to participate in a mandatory mediation session. Mediation is an alternative dispute resolution process where divorcing couples work with a specially trained neutral third party to try and resolve some or all of their disagreements. If mediation is unsuccessful, the court will determine custody. Virginia courts reach decisions about custody and visitation after considering what arrangement will serve the best interests of the child. Courts often use custody evaluations performed by an outside expert to help them reach such a determination.

Except when parties agree otherwise, courts often impose standard visitation and custody orders. A typical visitation schedule allows a non-custodial parent to see the children one night a week, every other weekend and some portion of school and summer holidays. In order to change a court-ordered custody and visitation scheme the parent seeking the modification must show a substantial or material change in circumstances.