Visitation: Factors to Consider

Note: Virginia law related to Custody and Visitation is complex and subject to change. This information is only a guide. For up-to-date information, contact a lawyer or your local domestic violence program. Remember, domestic violence advocates can provide information and support, not legal advice.

This checklist is to let you know what kinds of things judges may be considering when they set up child visitation schedules.

These schedules are meant to recognize that every family is different, but that unless there is a concern about abuse or neglect, all children need to have a schedule that is consistent and predictable for seeing each parent.

The judge will consider a lot of factors in making these decisions, but when you are thinking about a schedule for visitation that you will propose to the other parent or to the judge, keep in mind that it should:

• Be child-focused;
• Encourage frequent and continuing contact with each parent;
• Preserve the dignity of all parties;
• Help families spend their time, money, and emotional resources in the best possible ways; and,
• Make it clear that children deserve a healthy, non-abusive family environment at all times.

In all cases, a visitation schedule is to be child-focused, recognizing that all loving parents want only the best for their child(ren) and knowing that they may have to give up some things that they would like to have, so that each child has a chance for a healthy, loving relationship with fit parents.

Where the parties can't agree on a schedule of visitation for their child(ren), the court may consider the following things in making its decision:

• the age and developmental needs of each child, including:

any special physical needs and the ability of each parent to address them (i.e., is the child being breast-fed and is there a way to address this need while with the father);

any special psychological needs and the ability of each parent to address them;

any input by therapists, school counselors, or other professionals seen by the child;

• the primacy of the parent/child relationship: the ability of each parent to provide a healthy, non-abusive environment for each child, including:

any indication of abuse or neglect by either parent, or by a current spouse or person sharing the home of either parent;

any indication of a substance abuse problem by either parent, and the status of treatment, if any, that is being, or has been, received for this problem;

any indication of domestic violence by either parent against the other, or by or against a current spouse or person sharing the home of either parent;

the availability of a "safe site" if thehome of either parent is determined to be unsafe for visitation, or the possibility of supervised visitation where some contact is appropriate,

• the promotion of frequent and continuing contact with each parent, including:

appropriateness of contactwhen the factors listed above are considered;

the willingness of each parent to encourage each child's relationship with the other parent;

the ability of each parent tofoster the relationship of each child with siblings in either household;

the willingness of each parent to encourage the relationship between each child and significant third parties, in the child's life (grandparents, cousins, friends);

the ability of each parent to set appropriate limits and discipline effectively;

the willingness and ability of each parent toshield each child from "adult" conflicts with the other parent;

• the willingness and ability of each parent to abide by existing court orders; the practical impact of the visitation, including:

the day care and/or school schedules of each child;

the extracurricular activities of each child, and/or medical, psychological, or dental appointments requiring scheduling and transportation;

the distance each child would travel for visitation;

the availability of transportation to each parent and the willingness and ability of each parent to share in the obligation of transportation for the purpose of visitation;

the work schedules of each parent;

• the impact of 'special days' in scheduling visitation, including:

balance of school days and weekend or holidays, where geographically feasible;

recognition of days that are special for a child or a parent that are not traditional "holidays;" and,

• the impact of the visitation schedule on the dignity of parents and child(ren) and on the family's ability to preserve resources by maximizing appropriate time spent with each parent and by making the schedule sufficiently concrete that areas of uncertainty and disagreement are less likely to arise.

Knowing that the judge may be thinking about all of these things, it is helpful to consider them in advance. You and the other party may be able to discuss them and reach an agreement before you ever see the judge.

Re-printed with permission by :
The Office of the Executive Secretary of the Supreme Court of Virginia
www.court.state.va.us This page last modified: March 3, 2000