If I Have Sole Custody, Do I Have to Allow Visitation?

Navigating child custody and visitation arrangements can be a challenging task, primarily if you have been awarded the sole custody of your child. In many cases, parents with sole custody question if they are legally bound to allow the non-custodial parent to visit their child.

This uncertainty can cause stressful circumstances when you are torn between legal repercussions and your child’s well-being. The fear of making the wrong decision might make you anxious and unsure of how to proceed.

If you are in such a situation and unsure how to proceed in a way that aligns with your child’s needs while staying legally compliant, contact our family law firm today. Our experienced family law attorneys at Randall, McClenney, Daniels & Dunn, PC, are here to help you understand your rights and provide legal guidance for making informed decisions for your family.

Understanding Court Decisions on Custody and Visitation Arrangements in Virginia

Under Virginia law, the best interests of the child are prioritized. The court then considers other factors when determining custody and visitation arrangements. Among the factors that play a role in the court’s decision include the following:

• The age of the child
• The physical and mental health needs of the child
• The age, physical health, and mental condition of each parent
• The parent’s relationship with the child, including demonstrated positive involvement in the child’s life
• Each parent’s ability to assess and meet the needs of the child, specifically the emotional, intellectual, and physical needs of the child
• The child’s needs regarding relationships with others, including peers, siblings, and other family members
• The role each parent plays in the child’s future and upbringing
• Whether each parent demonstrates a willingness to maintain a close relationship with the child and support the child’s relationship with the other parent
• How well and willing each parent cooperates with the court
• Any family history of abuse of any type
• The child’s preference if a Virginia court deems the child can make sound decisions based on reasonable intelligence, age, experience, and understanding

What About the Child’s Preference in Custody and Visitation?

The court will consider the child’s desires based on what the child communicates directly. However, the court will not consider this if one parent coerces the child.

Ultimately, the court decides based on what it believes is in the best interests of the child. The court will ask the child’s preference if the child has the ability, demonstrated intelligence, and age.

What Does Sole Custody Mean in Virginia?

Under Virginia law, sole custody refers to one parent being responsible for the child’s physical care and control. This means the child’s physical and legal custody resides in just one parent. The court can still assign the non-custodial parent visitation rights.

Legal Custody

Legal custody refers to the ability of one parent to make decisions on behalf of the minor child. The court believes this person should decide about the child’s medical care, religious upbringing, day-to-day decision-making, educational requirements, and other related aspects. Sole legal custody means just one parent can choose for the child.

Physical Custody

Physical custody refers to where the child lives most of the time. This refers to who has custody of a child based on where the child will spend most of their time.

Can a Custodial Parent Deny Visitation in Virginia?

Under Virginia law, child custody decisions are made by the court. Custodial parents cannot, in most cases, deny visitation if the court orders it, and if they do, the custodial parent may face contempt of court charges.

The non-custodial parent’s failure to pay child support does not allow the custodial parent to deny visitation.

Can a Judge Order Supervised Visitation or No Visitation?

The court can eliminate visitation, reduce its frequency, or require supervised visitation. The court can restrict all visitation if it believes the child’s interests are unmet.

For example, if the non-custodial parent or the person residing with the non-custodial parent has a conviction of a felony offense, that may encourage the court to deny visitation.

What Are the Requirements for Modifying Visitation Rights in Virginia?

In most situations, the court establishes legal and physical custody rules for each parent. This custody agreement is a court order, meaning it goes into place and must be maintained by both parents.

After a custody determination, a parent must file a motion to amend with the Juvenile and Domestic Relations Court. The parent must document the reasons they want to change the child’s care or custody.

There are various reasons why the court may consider a modification of the child custody agreement, including:

• Employment opportunities change
• One parent wants to move close to family to support the child’s needs
• Changes in physical, mental, or financial circumstances for either parent

It is always wise to seek legal advice from a custody lawyer before you move forward with requests to change previously made decisions. Keep in mind the following:

• In most cases, the court favors joint legal and physical custody, which helps the child build relationships with both parents.
• The decision must be able to maintain or improve the child’s specific needs. Ultimately, all custody arrangements must consider the best interests of the child.

Why Clients Choose Randall, McClenney, Daniels & Dunn, PC

Custody cases can be challenging and overwhelming for parents who are trying to protect and care for their children. At Randall, McClenney, Daniels & Dunn, PC, our family law attorneys have years of experience handling difficult custody orders. If you have questions about your custody agreement or visitation order, contact our firm at 757-742-6115 to see how we can help your situation.

Testimonials

“Mr. Randall and his team provided excellent legal support during my case. He was extremely responsive, provided helpful guidance, and prepared me well for my day in court. Best of all, he helped me achieve the result I wanted and needed. He was professional, kind, and all-around excellent. Would give 10 stars if I could!” – Chrystie S.

“I had the privilege of engaging the services of Mr. Crawford Ellsworth for a last-minute family law matter, and I am exceedingly happy with the results. Their mastery of the law, professionalism, and unwavering commitment were shown throughout the extent of my case. Mr Crawford maintained open lines of communication, ensuring I was well-informed and actively involved at every stage of the process. Thanks to their strategic approach and steadfast support, I achieved a favorable resolution that exceeded my initial plan. I wholeheartedly recommend Mr. Crawford to anyone in need of exceptional legal representation.” – Trenten O.

“I would like to thank the law firm of Randall, McClenney, Daniels & Dunn for a job well done. The awesome customer service, great professionalism, and communicated with me very well from start to finish. They got me the best outcome I could have expected, and I am very pleased with the service they provided. I like to give special thanks to Tracee Williams. You are awesome. This young lady kept me on top of everything that was going on, day and night. Attorney Carol Zacheiss, thank you so much. Lori Stevens, Kimberly Collins, and the staff keep up the great job. I definitely will let my friends, family, and associates know to contact your office if in need of an Attorney.” – John C.

Additional Resources

• How a Custody Agreement Can Impact Your Summer Vacation Plans: Summer vacation plans could impact a custody agreement and a child’s overall care. Most custody agreements consider time off school and factor that into parenting time.
• When Do Your Child Support Obligations End in Virginia?: From health care to making payments for child support, the cost of caring for a child can be financially difficult for many. Continue reading this article to see how long your child support obligations will last.

Don’t Face Your Custody Battle Alone

At Randall, McClenney, Daniels & Dunn, PC, we know the importance of providing clients with exceptional legal support when facing intense challenges, including factors related to domestic relations and extended family.

If you are still unsure about the parameters of your custody agreement and whether or not you have to allow visitation, seek our legal team’s help to avoid any significant decisions being made without clarity. Call 757-742-6115 now to schedule a consultation or fill out our online contact form.