Child Visitation The Right Attorney Makes All The Difference

Virginia Beach Child Visitation Lawyer

Helping Clients Protect Their Visitation Rights in Virginia Beach County

Deciding on a custody agreement is one of the most difficult decisions made during the divorce process. Typically, conservatorship and visitation schedules are strictly defined before a divorce is finalized. Virginia law is very firm about giving both parents time with their child, and a custodial parent can lose custody if they deny the noncustodial parent’s visitation rights. At The Law Offices of Daniel J. Miller, our family law firm can help you navigate Virginia custody laws and protect your visitation rights.

Looking for legal support to help you protect your visitation right's? Call The Law Offices of Daniel J. Miller today at (757) 267-4949 or contact us online to schedule a consultation with our Virginia Beach child visitation attorney.

Virginia Child Visitation Laws

Virginia offers both joint and sole custody options but doesn’t have a standard visitation schedule for the court to order. It’s up to the parents or a judge to define the structure of the visitation schedule.

Visitation Schedule

Represent the best interests of the child
Give both parents time to maintain a healthy relationship with the child

In Virginia, a noncustodial parent is allowed visitation time with their child but is not able to counter any of the rules or decisions made by the custodial parent.

Who Can Have Visitation Rights?

Parents
Grandparents
Step-parents

Other family members can receive visitation rights by hiring a lawyer and pleading their case to the court.

Grandparents Visitation & Custodial Rights

For many kids, there’s nothing more special than their relationship with their grandparents, and there are many grandparents who feel the same way. But there are situations where the grandparents are pushed to the side and are unable to see their grandchildren. Parents and guardians may give various reasons why the grandparents can’t see the kids, but it’s left many to wonder if grandparents have visitation or custodial rights.

Virginia law does not recognize an independent right of grandparents to see and visit their grandchildren without the consent of the parents, but grandparents can petition the court for visitation or custodial rights. Any nonparent who wants visitation with a child must have a legitimate interest, and the state of Virginia recognizes grandparents as having such an interest.

Can a Parent Deny a Grandparent Visitation?

If both parents oppose the grandparent’s visitation, the grandparent must prove that denial of visitation could result in actual harm to the child. This can be very difficult to prove and often requires a mental health expert to provide testimony. If one parent agrees to visitation while the other does not, the grandparent must prove by clear and convincing evidence that their visitation is in the best interest of the child. They’ll look at factors like age, physical and mental well-being, and the needs of the child, among other things.

How Can Grandparents Get Custody of Their Grandchildren?

For a grandparent to gain custody of their grandchild, there must be extreme circumstances that warrant such a drastic measure. The grandparent must provide clear and convincing evidence that the parent is unfit, there was voluntary relinquishment, the parent abandoned the child or a few other special circumstances. Even if the grandparent can prove the parents aren’t fit to raise the child, they still will need to prove that gaining custody of their grandchild is in the best interest of the child.

Sometimes, parents feel they are unable to take care of their children and give permission to the grandparents to take custody of the children. If you find yourself in this situation, you need to make sure the agreement is in a court order.

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Can Child Visitation Be Denied?

The court has the power to deny visitation, especially in cases where a noncustodial parent stops paying child support or keeps a child beyond the limits of the custody order. If you are a noncustodial parent and fail to return your child after 48 hours, you can be charged with a misdemeanor and imprisoned for up to a month. If you take your child beyond state lines, you will be charged with a felony, fined $250-$1,000, and imprisoned for up to a year.

As a noncustodial parent, you do have a right to protect your children if they are in danger. This is the only exception to the 48-hour rule. In this circumstance, you will need the assistance of an attorney to help you file a petition and modify the custody order.

Custody Modification

By retaining the services of an attorney, you can petition to modify a custody order. To do this, you need to prove that your living situation is significantly better than the custodial parent’s. The court will always do what’s best for the child but will not alter the custody order if both living situations are of equal quality.

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Contact Our Child Visitation Attorneys Today

Virginia law is very strict about ensuring a child has time with both parents. At The Law Offices of Daniel J. Miller, our visitation attorney has extensive knowledge of Virginia’s custody laws and can help protect your visitation rights. If your ex-partner won't let you see your child, our Virginia Beach attorneys can help navigate what to do next. When you schedule a consultation, our lawyer will review your case and strategize a plan based on your personal circumstances.

Contact The Law Offices of Daniel J. Miller today to get started with our Virginia Beach child visitation lawyer.

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Read Our Client Testimonials

At The Law Offices of Daniel J. Miller, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

“Mr. James Weaver and his team are true professionals.”
Mr. James Weaver and his team are true professionals. From the start, he was honest and straightforward. He always stayed positive with me and kept me calm when I thought everything was going horrible. Mr. Weaver got me the best outcome possible in my situation. I highly recommend him to anyone looking for a great lawyer.
I hired Mr. Weaver for my family law issues.

- S. Bohrer
“The most professional courteous reliable and hard working Law Offices of Daniel J Miller.”
Unfortunately I have had to use The most professional courteous reliable and hard working Law Offices of Daniel J Miller. Upon the arrival at the start of my case to the departure at the end of my case, Mr. Miller and Mr. Weaver from the start of consultation knew what I was up against and delivered more than I expected from any lawyer in Virginia to do for me. I had an on going custody battle and now have my son full time and out of harm's way. I am extremely pleased with the services I was provided. I HIGHLY recommend this firm if you want the best possible outcome for your case.

- M. War
“Dan put me at ease almost immediately with his knowledge and tenacity.”
I was very nervous when I had to go to court over a traffic accident I was recently involved in. Dan put me at ease almost immediately with his knowledge and tenacity. By the time Dan was finished questioning the other people involved in the accident I did not even have to testify (which was the major source of my nervousness). My innocence was clear to everyone in the room, thanks to Dan. Would definitely use him again and recommend him to others. Aside from his performance during the hearing he was very easy to contact and always kept appointments with me. He also answered all of my questions patiently and with understanding.

- Client
“I am forever grateful and will highly recommend him . Mr. Miller”
I hired Mr. Miller initially for a bond hearing . I decided to retain his services for the case itself . I was facing two felony charges as well as a failure to appear charge . While there were witnesses that were able to identify me, I walked out of Virginia Beach Courthouse with only a misdemeanor thanks to Mr. Miller's representation . I work in the healthcare profession and expressed to Mr. Miller the importance of avoiding a felony charge and he made it happen. I am forever grateful and will highly recommend him . Mr. Miller will always represent myself as well as family members if need be in the future . Again thank you Mr. Miller for using your knowledge to keep me from being a convicted felon and also saving my career.

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Mr. Miller and his team worked diligently on my case and I am forever truly greatly. It was a long process but with prayer and fasting, I had faith in Mr. Miller and his team to get the results that I prayed for. They were straight forward and very patient at the same time. My husband is the one who search for lawyers/attorneys and Mr. Miller was the first and only choice. I can't say enough how grateful I am for all your hard work and fight that you did behind the scenes. God bless you Mr. Miller and your whole team.

- M. Sellers

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