Child Visitation
In Virginia, child visitation decisions are governed by the "best interests of the child" standard set forth in Virginia Code § 20-124.3. When parents cannot reach a mutually agreeable parenting plan, the Juvenile and Domestic Relations District Court—or the Circuit Court during divorce proceedings—evaluates specific statutory factors to establish a fair visitation schedule. The court considers the age and physical or mental condition of each parent and child, the existing relationship between parent and child, each parent’s role in the upbringing, and each parent's willingness to foster a positive relationship with the other parent. Additional considerations include the child’s preferences, if deemed of reasonable intelligence and age, and any history of family abuse. Whether establishing an initial visitation schedule, establishing supervised visitation, or seeking to modify an existing order based on a material change in circumstances under Virginia Code § 20-108, the court prioritizes stability and the child's physical and emotional well-being.
Navigating child visitation issues requires careful attention to statutory standards and court procedures, making experienced legal guidance invaluable. An attorney assists parents by gathering critical evidence, preparing clear parenting plan proposals, and advocating effectively during mediation, preliminary hearings, or trial. Counsel works to ensure that your parental rights are protected and that the court receives a complete, accurate picture of your relationship with your child. Serving clients throughout Abingdon, Washington County, Bristol, Smyth County, and the surrounding Southwest Virginia areas, our firm provides knowledgeable representation in divorce and child custody matters. We guide parents through every phase of the legal process to work toward visitation arrangements that promote your child's best interests and safeguard your family's future.