Divorce Law

When one parent is awarded primary physical custody in Virginia, and the other is granted "visitation at reasonable times and places," the parent with primary physical custody is generally in the driver's seat in Virginia regarding what is "reasonable and fair" visitation.

When a Virginia court determines the visitation rights of a non-custodial parent in Virginia, it usually leaves it to the parents to work out a precise schedule of time and place. This allows the divorcing couple to exercise flexibility by taking into consideration both the parents' and the children's schedules.

If both parents cooperate and make sure the children spend a significant amount of time with each parent, this needn't cause undo problems or hardships.

But… many times this isn't the case.  Due to animosity, hurt feelings, the wish to "get back" at the spouse, or just plain mean spirited revenge - all too often "visitation at reasonable times and places" in Virginia translates into far too little time for the non-custodial parent. Bitter disputes then occur, only increasing the animosity between the divorced or divorcing couple.

The parent with the actual primary physical custody in Virginia has more control over the dates, times, and duration of visits. He or she isn't legally obligated to agree to any particular schedule, but judges do take note of who is being reasonable - and who is merely being vindictive. If you are uncooperative merely to "vex your ex," it can well backfire when you need to ask the court for something concerning your divorce, support or custody issues at a future date.