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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