Child Custody & Visitation Lawyer in Virginia Beach

How the Court Determines Your Child’s Future

Virginia judges do not favor one parent over the other based on gender. Instead, they are bound by the "best Interests of the child" standard. 

Under Virginia Code § 20-124.3, the court evaluates specific factors, including:

• The age and physical/mental condition of the child and each parent.
• The existing bond between the parent and child.
• Each parent's willingness to support the child’s relationship with the other parent.
• Any history of family abuse or neglect.

Because these decisions can significantly affect a family’s future, presenting a clear and well-prepared case is essential.

Creating a Workable Parenting Plan

The most successful custody arrangements are frequently those created by the parents themselves rather than imposed by a judge. The court cannot finalize a divorce or custody case without a clear, enforceable plan outlining where the child will live and who will make decisions. 

For our clients, we treat the parenting plan as one of the most important insurance policies you will ever sign.

The Two Ways a Parenting Plan Is Created

By agreement (preferred): If parents can move past any disputes and agree on a schedule, the court will typically adopt their plan as a legally binding order, provided it meets the "best interests of the child" standard.

By judicial decree: If parents cannot agree, Virginia Code § 20-124.2 requires the judge to create a plan for you. In these cases, the judge will weigh the evidence against statutory factors to determine what is in the child's best interests.

Creating a Workable Parenting Plan

The parenting plan (or visitation schedule) is a pragmatic document that should serve as a roadmap for your new co-parenting life. 

To be effective and enforceable, your plan should include:

• A routine schedule - Specifying exactly when the child is with each parent during a typical week.
• Holiday and summer breaks - A rotating or fixed schedule for major holidays and school vacations that takes precedence over the routine schedule.
• Transportation and exchange - Clear details on where the child will be dropped off and who is responsible for the commute.
• Right of first refusal - An agreement that if a parent needs a babysitter for a certain amount of time, they must first offer that time to the other parent.
• Communication protocols - How and when parents will discuss the child’s needs (for example, via a co-parenting app or email).

Modifying Virginia Custody Orders

In Virginia, child custody orders can be modified if circumstances have changed since the original order was entered. To request a modification, a parent must show the court that a material change in circumstances has occurred and that adjusting the custody arrangement would serve the child’s best interests. 

Examples may include a parent relocating, significant changes in a child’s needs, or concerns about a child’s safety or well-being. If the court determines that the change is justified, it may revise the custody or visitation order to better support the child’s stability and development.

Critical Information for Hampton Roads Parents

If you are facing a custody dispute, timing and conduct are everything. Avoid making unilateral decisions about the child’s residence or school enrollment without legal advice, as the court may view them negatively. 

If you are a member of the military, your plan must comply with the Virginia Military Parents Equal Protection Act, which protects your rights during deployments or overseas assignments.

When parents reach an agreement, the plan can be submitted to the court and incorporated into a legally binding custody order. At B. Clay Chick PLC, we help you build parenting plans that are durable, enforceable, and focused on your family's long-term stability. 

Reach us online or at (757) 697-5331 for a complimentary case evaluation with a Virginia Beach child custody and visitation attorney today.