A “non-custodial parent” is a parent who does not have custody of a child, but in the state of Virginia, the noncustodial parent typically has a right to visitation with the child. The parent may have to attain a court order to do so.
Either parents of a child have the right, under the law of the state of Virginia, to pursue custody of their child. The custody could either be legal custody or physical custody, with the right and accountability concerning the significant decisions on behalf of the child being the legal custody and who the child will reside in the same household with after the parents separate being the latter.
Food, clothing, protection, and shelter for the child are provided by the custodial parent, the parent whom is awarded the physical guardianship to. However, noncustodial parent is obligated to provide juvenile guardianship payment to the parent that the child is residing with.
In some cases, legal and physical custody may together be granted to one caretaker, “sole custody”, and other cases where both the parents share the custody of their child, “joint custody”.
Situations where one caretaker is given sole physical custody, visitation is usually granted by the court to the noncustodial caretaker, if it is in the best interest for the minor.
The guardians of a minor are allowed to come up with visitation schedule compatible to each other’s schedule and finally present the agreed upon schedules to the court for authorization. However, if the guardians are unable to arise to an agreeable schedule together, both the guardians will have to present evidence to the court as a reason on why the guardians are unable to agree on a schedule that best serves the interest of the minor. Issues such as substance abuse or minor mistreatment by either parents of the minor may restrict the court of Virginia to order a visitation schedule and the court will grant a visitation schedule established on what it judges aids in the best interest of the minor.
A specific visitation schedule will be ordered by the court in the state of Virginia in the result, which also commands that visitation by the abusive guardian must be supervised by a third-party to ensure the safety of the juvenile’s emotional and physical state. Nevertheless, Virginia courts are driven by the juvenile’s needs and best interests rather than the guardian’s desires. Hence, the court usually provides continues spending time with your minor between the guardians and a minor, except in extreme cases, where the court eliminates visitations by the abusive guardian in concern for the minor and his or her best interest.
The courts of the state of Virginia has certain factors that decide the visitation arrangement and schedule as so in a way that assists the juvenile’s needs, which include:
- The juvenile’s age and evolving needs
- The capability of the guardians to offer a beneficial, non-threatening, wholesome environment for the sake of the minor.
- The motivation of the guardians to collaborate and unite and be cooperative with the court
- The guardian’s and the minor’s schedule
- The capability to have constant communication between the minor and both guardians
If you need a Virginia Child Visitation Lawyer to help you with your Child Visitation case in Virginia, call us at 888-437-7747. Our Virginia Child Visitation Attorneys can help you. C