Visitation: Factors to Consider in Virginia
This checklist is to let you know what factors a judge may consider when setting up child visitation schedules. While every family is different, all children need to have a schedule that is consistent and predictable for seeing each parent, unless there is a concern about abuse or neglect. When you think 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 the family spend time, money and emotional resources in the most positive ways; and,
· Ensure that children benefit from a healthy, non-abusive family environment at all times.
In all cases, a visitation schedule should focus on the child. This can mean that a loving parent who wants only the best for the child(ren) might have to give up some things the parent might like to have to ensure that each child has a chance for a healthy, loving relationship with fit parents. Where the parties cannot agree on a visitation schedule for their child(ren), the judge may consider the following things in making a decision:
· the age and developmental needs of each child, including:
o 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);
o any special psychological needs and the ability of each parent to address them;
o any input by therapists, school counselors, or other professionals who see 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:
o any indication of abuse or neglect by either parent, or by a current spouse or person sharing the home of either parent;
o 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;
o 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;
o the availability of a "safe site" if the home 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:
o appropriateness of contact when the factors listed above are considered;
o the willingness of each parent to encourage each child's relationship with the other parent;
o the ability of each parent to foster the relationship of each child with siblings in either household;
o the willingness of each parent to encourage the relationship between each child and significant third parties in the
child's life (grandparents, cousins, friends);
o the ability of each parent to set appropriate limits and discipline effectively;
o the willingness and ability of each parent to shield 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:
o the day care and/or school schedules of each child;
o the extracurricular activities of each child, and/or medical, psychological, or dental appointments requiring scheduling and
transportation;
o the distance each child would travel for visitation;
o the availability of transportation to each parent and the willingness and ability of each parent to share in the obligation o
transportation for the purpose of visitation;
o the work schedules of each parent;
· the impact of "special days" in scheduling visitation, including:
o balance of school days and weekend or holidays, where geographically feasible;
o 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.
http://www.courts.state.va.us/mediate/cover.htm
Modified: May 6, 2008 - The above legal information is gathered from the webpage of the Office of the Executive Secretary, 100 North Ninth Street,Third Floor, Richmond, Virginia 23219
HOLIDAYS TO CONSIDER
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HOLIDAYS
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EVEN YEARS
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ODD
YEARS
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EVERY
YEAR
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PICK-UP/RETURN TIMES |
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New Year’s Day
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Martin Luther King
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Valentine ‘s Day
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President’s Day
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Easter
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Spring Break
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Mother’s Day
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Mother
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Memorial Day
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Father’s Day
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Father
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Independence Day
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Labor Day
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Rosh Hashanah
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Yom Kippur
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Columbus Day
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Halloween
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Veterans Day
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Thanksgiving
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Hanukkah
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Christmas Eve
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Christmas Day
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Mother’s Birthday
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Mother
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Father’s Birthday
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Father
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Children’s Birthday
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Shared
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