Custody & Visitation

Child Custody & Visitation Attorneys in Virginia

There are two types of custody: legal custody and physical custody. 

Legal custody refers to the rights and responsibilities of making decisions about a child's upbringing. In other words, who gets to make major decisions for a child’s health, education, and welfare.  Legal custody can be sole, i.e., awarded to one parent, or joint, i.e., awarded to both parents. 

Physical custody, on the other hand, is with whom the child primarily resides.  Physical custody can be sole or primary, meaning the child predominantly lives with one parent.  Physical custody can also be shared, meaning the child spends equal or near-equal time with each parent. 

Determination of Custody Visitation

In determining custody and visitation, the ultimate test is what is in the best interests of the child.  To assess the child’s best interests, the court is required to consider a number of statutory factors, which are set forth in Virginia Code Section 20-124.3.  Some of those factors are listed below:



• The role each parent has played in the care and upbringing of the child.
  
  
• Whether either parent has unreasonably denied the other parent contact or visitation with the child.
  
  
• The age, physical, and mental condition of the child and each parent.
  
  
• The preference of the child, if the child is of reasonable age and intelligence. 

Modification of Custody & Visitation

Regardless of whether custody and visitation is resolved by agreement or via litigation, the court order that results therefrom is always subject to modification by the court for so long as the child remains a minor.  To modify an existing custody and visitation order, the party seeking modification must show (a) a material change in circumstances that warrants modification of the order, and (b) that the changes sought are in the best interests of the child.  Again, the best interests analysis will involve a consideration of the statutory factors in Virginia Code Section 20-124.3, some of which are outlined above.

Conclusion & Support

Custody and visitation disputes are often emotional and stressful times.  These disputes can involve many complexities including mental health experts, psychological evaluations, and custody evaluations.  Shannon Otto Law is knowledgeable and experienced in handling a wide range of custody and visitation matters.  Please contact us to schedule a consultation to discuss the particulars of your custody and visitation matter. 

Shannon Otto Law represents family law clients in the greater Richmond, Virginia metro area, and throughout Henrico County, Chesterfield County, Hanover County, Goochland County, Powhatan County, Colonial Heights, Amelia County, the City of Richmond, Louisa County, Prince George County, New Kent County, King and Queen County, King William County, Charles City County, and many other localities in Virginia.