Parenting Time Lawyer Virginia, VA
Parenting time—the schedule that defines when a child spends time with each parent—is one of the most emotionally charged issues in Virginia family law. Whether you are working out an initial parenting plan, seeking a modification, or dealing with a parent who is not following a court order, having an experienced attorney who understands Virginia’s custody statutes and how the courts apply them matters. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. represent parents across Virginia in parenting time disputes. To discuss your situation, reach us at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Parenting Time Means in Virginia
In Virginia, parenting time—often called visitation—is governed by the same statutory framework that controls child custody. The court’s standard is the best interests of the child. Under Virginia Code § 20-124.2, the court must order a custody and visitation arrangement that serves the child’s best interests. The ten factors a judge must consider are set out in Virginia Code § 20-124.3 and include the age and physical condition of the child, the relationship between the child and each parent, each parent’s willingness to support the child’s relationship with the other parent, and any history of family abuse.
Parents can agree on a parenting time schedule and submit it to the court for approval. When they cannot agree, the judge will decide after hearing evidence. Parenting time may be ordered as part of a divorce proceeding in a Circuit Court, or as a standalone matter in a Juvenile and Domestic Relations District Court when the parents are not married. Virginia courts have the power to set detailed schedules, including weekday and weekend time, holidays, and summer break arrangements. Noncompliance with a parenting time order can lead to contempt proceedings and potential modification of custody. Mr. Sris and his Of Counsel help parents navigate these proceedings and work toward to resolutions that protect the parent-child relationship.
How Mr. Sris and His Of Counsel Handle Parenting Time Cases
Mr. Sris and his Of Counsel team approach parenting time cases by first understanding the family’s specific circumstances—the child’s age, each parent’s work schedule, the distance between households, and any factors that affect the child’s wellbeing. In cases where both parents can communicate effectively, we help craft a detailed parenting plan that addresses all aspects of the child’s schedule and can be submitted to the court for approval. When conflicts exist, we represent parents in negotiation, mediation, and litigation.
A parenting time order is not permanent; Virginia courts may modify a visitation schedule when a material change in circumstances occurs and modification serves the child’s best interests. Common reasons for modification include a parent’s relocation, a change in the child’s needs, or a parent’s interference with the other parent’s time. Mr. Sris and his Of Counsel also handle enforcement of existing orders, including filing motions for contempt when a parent repeatedly denies court-ordered parenting time. Throughout the process, the team focuses on factual presentation of the factors the court will evaluate under Virginia law.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since founding the firm in 1997. A former prosecutor, he brings extensive courtroom experience to parenting time disputes. Mr. Sris and his Of Counsel team bring over 120 years of combined legal experience, with over 4,739+ documented firm-wide results. Results may vary. The firm’s Of Counsel attorneys each contribute deep litigation backgrounds, allowing the team to handle matters that range from agreed-upon schedules to complex custody trials.
Frequently Asked Questions
How does a Virginia court decide parenting time?
A Virginia court decides parenting time based on the best interests of the child. The judge considers ten statutory factors under Virginia Code § 20-124.3, including the child’s relationship with each parent, each parent’s ability to meet the child’s needs, and the parent’s willingness to support the child’s relationship with the other parent. The court may order a schedule that includes weekends, holidays, and summers. Parents who can agree on a plan may submit it for approval; otherwise, the judge will hold a hearing to determine the schedule.
Can a parenting time order be modified in Virginia?
Yes, a parenting time order can be modified if a material change in circumstances occurs and the modification serves the child’s best interests. Changes that may justify modification include a parent’s relocation, a new work schedule, or a parent’s repeated failure to comply with the existing order. Mr. Sris and his Of Counsel can help parents file a motion to modify and present evidence of the changed circumstances to the court. The court retains the authority to adjust the schedule until the child turns 18.
What if the other parent is not following the parenting time order?
If a parent violates a parenting time order, the other parent may file a motion to enforce the order or a petition for contempt. Virginia courts can impose sanctions for noncompliance, including makeup parenting time, attorney fees, and, in severe cases, modification of custody. Mr. Sris and his Of Counsel represent parents in enforcement actions and work to address violations through both negotiation and court intervention. Documenting each instance of noncompliance, including dates and communications, is important to support the motion.
Do I need a lawyer for a Virginia parenting time case?
You are not legally required to hire a lawyer for a parenting time case, but an experienced attorney can help you present your position effectively and protect your relationship with your child. Parenting time disputes involve statutory factors, evidentiary rules, and procedural deadlines that can be difficult to manage without counsel. Mr. Sris and his Of Counsel team handle all aspects of parenting time representation, from negotiated parenting plans to full evidentiary hearings. To discuss your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How is parenting time different from legal custody in Virginia?
Parenting time governs the physical schedule of when a child is with each parent, while legal custody refers to the right to make major decisions about the child’s upbringing. A parent may share joint legal custody but have a parenting time schedule that is not equal. Virginia courts separate the concepts of custody (legal and physical) and visitation (parenting time). Even if one parent has primary physical custody, the other parent is typically awarded parenting time unless it would harm the child.
How can I get more parenting time in my existing case?
To increase parenting time, you must show a material change in circumstances and that additional time is in the child’s best interests. Examples include a parent’s improved stability, a child’s expressed preference if of sufficient age and maturity, or the other parent’s interference with the existing schedule. Mr. Sris and his Of Counsel can help you gather evidence, prepare a motion to modify, and present your case to the court. The process may involve mediation before a hearing. Contact us to discuss your options.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
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Virginia family law is governed by statutes publicly accessible through the state’s legislative information system and the Virginia courts website. Review the relevant code provisions and court information: Virginia Code Title 20 (Domestic Relations) · Virginia Courts
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