Frequently Asked Questions about Visitation Rights in a
Virginia Divorce
Virginia Visitation
Virginia Visitation: FAQ's
How does visitation get set?
Initially, it usually is the subject of a "pendente lite"
(temporary) court order. The judge of the court has a great deal of discretion
is setting the terms of visitation whether temporary or otherwise.
Is there such a thing as "standard
visitation"? If so, what is it?
A non custodial parent who is of decent character and not in default of any
existing court order will usually get something like every other weekend to have
the child with him plus two or three weeks in summer when the school is not in
session. That parent, however, may not take the child across state lines without
prior consent of the custodial parent and sometimes an order of the court is
required.
Is there a standard
visitation pattern when the non-custodial parent is in a different state from
the child? If so, what is it?
This depends a lot upon how the child came to be in the "foreign"
state. If there was a compelling and highly justifiable reason for the non
custodial parent to be in another state, the court would be sympathetic and the
visitation provisions would be fairly generous, as for example, when the
non-custodial parent resides in the state of "last cohabitation" and
the custodial parent has moved. In some other and different circumstances
the court would be more restrictive.
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