When parents divorce or decide to live separately, they must make arrangements for co-parenting their children. When they cannot craft a plan to share parental responsibilities, the judge will impose one.
It is always preferable for parents to develop their parenting plan, but to do so, you need to know what the law requires. An Arlington visitation lawyer from our firm could help a divorcing parent formulate a workable custody arrangement. When negotiation is not possible or does not produce an agreement, a child custody attorney could pursue a parent’s goals in court.
The Basics of Custody and Visitation
Physical custody refers to where the children live, and legal custody refers to which parent makes decisions for the child. Parents could have joint physical and legal custody, or one parent might have sole physical and legal custody. Sometimes, one parent has physical custody but shares legal custody with the other parent.
The law does not favor one parent over the other in custody matters. The Code of Virginia § 20-124.2 says that when a judge makes custody decisions, they must decide issues of legal custody and physical custody on the basis of the children’s best interests. There is a presumption in the law that regular and meaningful contact with both parents is in the children’s best interests unless a parent presents proof the other parent is unfit, or cannot provide a safe environment.
When parents dispute custody, the court may appoint a Guardian ad Litem (GAL) to make custody recommendations. The GAL visits the parents’ homes, observes the parents and children, and recommends an arrangement they believe is in the children’s best interests. A judge does not have to accept the GAL’s recommendations, but typically, they carry considerable weight. An Arlington visitation attorney could advise a parent about interacting with the GAL.
Visitation Arrangements Must be Workable for Everyone
The court often orders joint legal custody, meaning parents must work together to raise their children and share decision-making responsibilities. When the parents seek joint physical custody, the court will award it if the arrangement is in the children’s best interests. However, parents must demonstrate that they can make the arrangement work without disrupting the children’s lives.
When parents live near each other, courts sometimes allow the children to spend one week or part of the week with one parent and then alternate with the other. This works if the parents’ work schedules are flexible and the parents can manage transportation to school and extracurricular activities. Other joint custody arrangements allow one parent to have the children on weekdays during the school year, and the other has the children on weekends and school holidays.
The court will usually consider any arrangement the parents propose if it seems realistic for the parents and workable for the children. Some families have an arrangement where the children stay in the family home all the time, and the parents alternate time living in the home with them. An Arlington attorney can review any proposed visitation arrangement and point out any issues a court might flag so the parents can be prepared to show the plan is workable and in their children’s best interests.
The Court Rarely Denies Visitation
Parents engaged in a bitter breakup sometimes accuse each other of abusive behavior or claim the other is unfit. Courts typically do not order joint physical custody in these cases because exposing the children to the parents’ discord could be harmful. But joint legal custody in these situations is common, and courts rarely deny visitation rights to a parent.
If one parent has proof the other lives in an unsafe environment, the court might deny the parent the opportunity to keep the children overnight until their circumstances change. Similarly, if there is a history of domestic violence or ongoing substance abuse or mental health issues, a court might order another responsible adult to supervise the visits. Sometimes, the adult is a grandparent, aunt, or uncle; sometimes, it is a social worker or other trained professional.
Any parent who wants to restrict their co-parent’s access to the children should discuss the situation with a visitation attorney in Arlington. A parent would need to compile proof of unfitness and might need to submit reports from a psychologist, social worker, medical professional, or other expert to establish that unsupervised contact with a parent would be detrimental to the child. The GAL’s opinion also has a significant influence in these cases.
Consult an Arlington Attorney About Visitation Agreements
Issues regarding children can trigger difficult emotions, even when the parents can cooperate for their benefit. Deciding custody and visitation arrangements often goes more smoothly when you work with an experienced attorney.
An Arlington visitation lawyer can review an agreement you have made with your co-parent, help you negotiate one, or defend your custody goals in court. Call today to get started.
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