Virginia Child Custody & Visitation Attorneys

Child custody issues can be some of the most difficult challenges a family faces. Parents want the very best for their children, but emotions and disagreements can make finding common ground tough.

In Virginia, there isn’t a one-size-fits-all approach to custody. Courts look at each family’s unique situation to decide what truly serves the best interests of the child. Whether you’re going through a divorce, considering a custody modification, spousal support change or facing a dispute that feels impossible to resolve, our team is here to help you understand your options and move forward with confidence.

If you’re facing questions about custody or visitation, know that you don’t have to handle it alone. Our attorneys at Parks Zeigler, PLLC, are ready to support you and help you find the right path for you and your child.

How Can a Virginia Child Custody Lawyer Help Me in My Case?

A Virginia child custody lawyer helps parents navigate the legal process, advocates for the child’s best interests, assists with negotiations, and explains parental rights and responsibilities.

Legal representation can greatly affect the outcome of a custody case. An attorney can explain a parent’s rights and help prevent violations by the other parent. This support can make the difference between limited visitation and more substantial or shared custody.

In most cases, parents include their custody requests in the divorce petition or the mediation process. However, in situations involving domestic violence or when parents are not divorcing, they may file a separate custody case. The process begins with filing a petition for custody or visitation, either as part of the divorce case or on its own.

If the parents cannot reach an agreement, they may attempt mediation to avoid litigation. After filing the initial request and before trial, parents may file motions such as requests for temporary custody or visitation if one parent is withholding access.

If no agreement is reached, the case proceeds to trial, where the court will make a final determination on custody and visitation.

Why Choose Parks Zeigler, PLLC

A child custody order under Virginia child custody law can significantly affect how much time each parent spends with the child. At Parks Zeigler, PLLC, our family law firm works to secure an order that reflects the best interests of the child while protecting your rights.

Testimonials

“I could not have gotten through the last 2 years without Brandon Zeigler and his team. They have been in my corner and have walked with me through the most difficult time of my life. They are knowledgeable and compassionate for their clients, and they will not be pushed around. If you need a savage, someone to really fight for you when you don’t have the strength or emotional bandwidth to carry on, this is your firm. – Stephanie Brinkley (formerly affiliated with Cut Knuckle Inc.)” – Stephanie L.

“My husband and I recently had the opportunity to meet Shelly Wood. While she did not directly represent us, she did a family member with a custody court case. We were extremely impressed with her professionalism, how committed she is, and goes above and beyond to assist. Also very caring. I highly recommend her, you cannot go wrong!!” — Caitlin M.

“Attorney Shelly Wood represented us in two court cases over four years. We had a complicated custody situation involving a special needs child. Attorney Wood was very responsive. She also took the time to understand the issues and crafted agreement language that addresses my daughter’s long-term needs, which we are very thankful for.” — Lori B.

Kellam T. Parks

Managing Member

Tidewater Roots Kellam comes from a long line of Tidewater natives. His paternal grandfather’s family grew up on the Eastern Shore and Kellam’s grandfather, after whom he is named, moved…

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Brandon H. Zeigler

Managing Member

Brandon is an experienced Virginia Beach attorney who grew up in Norfolk, graduating from Maury High School. Brandon then attended George Mason University to study international affairs (concentration Middle East)…

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Shelly F. Wood

Attorney

Background & Education Larachelle “Shelly” Wood is a native of Chesapeake and attended Deep Creek High School, as did her mom and all her mother’s siblings. She attended ODU and…

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Aaron M. Pomeranz

Attorney

Aaron Pomeranz is a long-time resident of Hampton Roads and attended Kempsville High School where he played catcher for the Chiefs. He attended William and Mary, continued to play baseball…

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Danielle R. Bergman

Attorney

Background & Education Danielle “Dani” Bergman is a native of South Norfolk, Virginia, graduating as Salutatorian from Oscar F. Smith High School.  She attended college at the University of Virginia’s…

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Christy J. Wood

Attorney

For the past twenty-five years Christy has called Virginia Beach home, but she was born in Bangkok, Thailand, and spent many of her early years traveling and attending school overseas. …

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Child Custody Disputes in Virginia

Several factors can lead to a custody dispute between parents, especially when both want to spend as much time as possible with their children. Common reasons for custody disputes include:

• Disagreements over parenting plans and schedules: Parents often disagree about specifics, such as where the child lives, visitation schedules, and holiday arrangements. Even if parents agree on a plan, disputes can arise if one parent believes the other is not following it.
• Differing parenting styles and decision-making: Parents may have conflicting views on education, discipline, healthcare, and religious upbringing. Sometimes a parent makes significant decisions, such as medical treatment, without consulting the other parent.
• Relocation and changes in circumstances: Relocation for work or personal reasons can disrupt existing custody arrangements, affecting the child’s schooling or relationship with the other parent. Other changes, such as a new job, remarriage, or a decline in a parent’s health, can also affect custody.
• Financial issues and child support: Disputes may arise from using child support as leverage, financial instability, or disagreements over payments. One parent might even accuse the other of being financially unfit.
• Allegations of abuse, neglect, or unfitness: Accusations of domestic violence, child abuse, substance abuse, or general unfitness can lead to complex custody battles. In some cases, parents may even make false claims to gain an advantage.
• Parental alienation and interference: A parent might try to damage the child’s relationship with the other parent by speaking negatively about them or limiting contact.
• The child’s wishes: As children age, their preferences may change, which can lead to disagreements if one or both parents refuse to consider those wishes.
• Outside interference: Extended family members or friends may complicate matters by sharing their own opinions or fueling disputes.
• Emotional turmoil and resentment: The emotional aftermath of divorce or separation can make custody negotiations more difficult and prevent parents from reaching an amicable agreement.

Virginia courts focus on the best interests of the child, regardless of the parents’ wishes. Parents should carefully document any issues during the custody process, especially if the other parent acts against the child’s best interests or is abusive or neglectful.

Strategies for Avoiding and Resolving Custody Conflicts

Parents can use several strategies to avoid or resolve custody conflicts and legal issues, including:

• Keeping communication open and remaining respectful, even during disagreements
• Addressing custody issues separately from financial issues
• Reinforcing a positive image of the other parent with the children
• Developing a parenting plan that includes a visitation schedule and decision-making responsibilities
• Working with professionals such as your family lawyer, mediators, and therapists
• Using mediation to help reach an agreement
• Focusing on the child’s needs

Types of Child Custody in Virginia

There are two types of child custody in Virginia: legal custody and physical custody.

• Legal custody refers to the ability to make important decisions about how to raise the child.
• Physical custody refers to the child’s day-to-day care, including where they live and sleep.

These categories can be adapted to the specifics of each case. Depending on the situation, the court may award or the parents may agree to sole physical custody or shared legal custody. Physical custody arrangements may vary in name and structure.

Courts use the terms “sole” and “shared” for child support calculations. “Shared” custody applies when the non-custodial parent has 90 or more overnights per year; otherwise, the sole custody calculation is used. “Split” custody applies when each parent has primary physical custody of at least one child.

At Parks Zeigler, PLLC, we work toward arrangements that meet your goals and your child’s needs while addressing the legal realities of the case. Having legal counsel is important for advocating for your child during this challenging time.

What the Courts Consider Regarding Child Custody

Custody arrangements are designed to prioritize the best interests of the child, taking into account the child’s age and other important factors. A Virginia child custody attorney will review the facts of your case and evaluate them under Virginia’s Best Interests of the Child statute. Courts consider many factors when developing a custody arrangement, including:

• The child’s age
• The mental and physical condition of both the child and the parents
• The relationship each parent has with the child
• Each parent’s ability to meet the child’s needs
• The developmental needs of the child
• Any history of family abuse or neglect
• The role each parent has played in the child’s life up to that point
• Each parent’s parenting style and how it affects the child
• The ability of both parents to cooperate on issues related to the child

At Parks Zeigler, PLLC, we work to reflect your child’s needs in the custody arrangement.

Understanding the “Best Interests of the Child” Standard in Virginia

When a Virginia court determines custody based on the “best interests of the child,” it reviews multiple factors, including:

• The child’s age
• The mental and physical condition of the child, including developmental needs
• The relationship between the child and each parent, including how each parent meets intellectual, emotional, and physical needs
• The child’s relationships with siblings, extended family members, and friends
• The role each parent has played in the child’s life
• How each parent supports the child’s contact and relationship with the other parent, including any history of unreasonably denying access
• Each parent’s willingness to encourage a close relationship with the other parent
• The child’s preference, if appropriate
• Any history of family abuse, including sexual abuse, child abuse, or acts of violence
• Any other factor the court considers relevant to its custody decision

The Role of Evidence and Documentation in Custody Decisions

In any custody or visitation case, evidence and documentation help parents to provide clear evidence of their involvement with the child. Courts look at details that show a parent’s commitment and consistency in caring for the child’s needs.

Examples of useful documentation include parenting logs, communications with the child and the other parent, school records, proof of involvement in the child’s activities, and records of participation in the child’s medical and educational matters. Demonstrating the positive impact each parent has on the child’s development can be important in custody decisions.

Joint Arrangements for Child Custody

Creating a custody arrangement that helps children adjust to a stable routine is a priority for parents going through divorce. One common approach when parents have an amicable relationship is joint custody.

In joint custody, both parents share responsibility for the child’s well-being and make important decisions together. In Virginia, joint custody can involve:

• Joint legal custody, where the child may live primarily with one parent, but both parents make significant decisions together. This is the more common arrangement ordered by courts in Hampton Roads.
• Joint physical custody, where the child divides time between both parents, such as alternating weeks or spending holidays with each parent.

Who Else Has Child Custody Rights in Virginia?

In some situations, Virginia law allows a child to live with other family members instead of their parents. For example, if one or both parents are incarcerated, the court may find it more suitable for the child to stay with grandparents or other relatives long-term. Although grandparents, stepparents, and other relatives can seek custody over a natural parent, these cases can be very challenging to win.

Virginia also recognizes “persons of legitimate interest,” who may petition the court for visitation or custody rights. This category includes stepparents, former stepparents, grandparents, step-grandparents, and other blood-related family members.

Child Custody Modification

If it is in the best interests of your child or your circumstances have changed, you can request a modification of an existing custody order. Common reasons for seeking a change include:

• The child’s evolving needs
• Each parent’s ability to properly care for the child
• Changes in a parent’s physical or mental health
• Evidence of child abuse, substance abuse, or domestic violence
• The child’s reasonable preference
• The impact of child support changes on the child’s life
• The current order causes harm to the child

The parent requesting the modification must show a material change in circumstances.

What Is the Process for Requesting a Custody Modification?

If both parents agree to the custody modifications, they can sign a modified custody agreement. However, the court must approve it and incorporate it into an official order. The timeline can vary significantly, ranging from a few hours for an emergency (temporary) modification to several weeks for a standard modification request, depending on whether both parents agree and the court’s schedule.

Step 1

Gather all evidence showing a substantial change in circumstances. This can include communication records, police reports, protection orders, financial documents, medical records, school records, witness statements, and other relevant documentation.

Step 2

Hire a family law attorney experienced in child custody matters to help you navigate the process.

Step 3

Complete the necessary form to request a modification if you are handling the process yourself.

Step 4

Review the Motion for Modification of Custody if your attorney has drafted it for you.

Step 5

Attach the supporting documentation as exhibits to the motion.

Step 6

Make copies of the motion and supporting documents as needed for the court and the other parent.

Step 7

Complete any required cover sheets or summons forms, which may vary depending on the court. Note: The precise paperwork depends on whether the case is in Circuit Court (typically part of a divorce) or Juvenile & Domestic Relations District Court (most stand-alone or modification petitions). Your attorney can confirm the correct forms for your venue.

Step 8

Make three copies of the summons. Attach a copy of the summons as the first page to two copies of the petition. Submit the original and one copy to the clerk.

Step 9

File the original with the clerk and have all copies stamped.

Step 10

Give two copies to the process server or sheriff for service.

Step 11

Wait for the process server to confirm that your ex-spouse has been served.

Step 12

Attend mediation if required by your city or county or choose to mediate voluntarily to try to reach an agreement without a lengthy hearing.

Step 13

Attend the court hearing.

Visitation Schedules in Virginia

When a court issues a custody order, you, your attorney, or the court will create a visitation schedule that covers weekends, holidays, vacations, and other time-sharing details. This schedule outlines transportation costs, holiday dates, and designated exchange locations to reduce conflict and avoid future disputes. Visitation schedules typically remain in place until the child turns 18.

Courts can create schedules for one or both parents and may place limits on visitation rights. Courts often order a schedule that gives the non-custodial parent alternating weekends and an additional weeknight visit, but Virginia law does not set a mandatory minimum schedule. The specific timetable is left to the judge’s discretion based on the child’s best interests. The court can also order supervised child visitation if necessary.

Visitation schedules may not always work smoothly for every family and can require adjustment. Parents who deliberately violate a court-ordered visitation schedule may face legal repercussions, including potential jail time. If a custodial parent refuses court-ordered visitation, the noncustodial parent can request a modification of custody and visitation orders, including a possible change in primary custody.

How Is Visitation Set Up for the Noncustodial Parent?

Visitation in Virginia, or time-sharing, depends on what the parents agree to, their locations, and other specific factors. If parents cannot agree on a schedule, the court will create one that serves the best interests of the child. When there are no concerns requiring supervised visitation, while there is no legally mandated default schedule, the minimum schedule often includes:

• Every other weekend
• One weekday evening or overnight
• Alternating holidays

Parenting Plans in Virginia

A parenting plan outlines important details such as the visitation schedule, holiday arrangements, and each parent’s decision-making rights and responsibilities. Both the initial divorce process and any custody modifications require parenting plans.

Parents are encouraged to develop the plan together. If they cannot agree, each parent submits their own proposed plan, and the court will create one that serves the best interests of the child. Parenting plans help both parties stay organized with time-sharing and reduce conflict by clarifying expectations.

Can I Get an Emergency Custody Order?

In Virginia, you can request an emergency custody order from the court in certain situations, including:

• The other parent takes the child to another state or country without permission.
• A parent abuses the child.
• The child shows signs of neglect.
• The other parent develops a mental illness or refuses necessary medication to manage an existing condition.
• The other parent requires hospitalization.

These orders are usually temporary and require a follow-up hearing to review the facts of the case. An emergency order is designed to remove the child from a potentially unsafe environment while the court considers a longer-term arrangement.

What Is a Guardian Ad Litem in Virginia?

A Virginia court may appoint a guardian ad litem for a minor child in certain situations, such as cases involving abuse, neglect, or other concerns. The guardian ad litem represents the child’s interests, conducts investigations, and provides recommendations to the court during custody proceedings.

When Do You Need a Guardian Ad Litem?

In addition to cases involving abuse or neglect, the court may appoint a guardian ad litem in high-conflict custody disputes, when one parent alleges abuse, or when the child’s wishes are an important factor. Either parent can also request that the court appoint a guardian ad litem if one has not already been assigned. Many courts in Hampton Roads assign guardian ad litems for all custody and visitation cases.

Schedule Your Consultation with a Virginia Child Custody Attorney Today

If you need assistance with a child custody issue or any other family law matter, we invite you to schedule a consultation with our team at Parks Zeigler, PLLC. Use our online contact form or call us at 888-773-4311 to learn more about your legal options and how we can help you navigate the process.