Sunday, May 4, 2014

VIRGINIA Part 39

What is the difference between custody and visitation?

Visitation allows a parent to visit with his/her child.  How often the visits take place, where the visits take place, and whether or not the visits need to be supervised by another adult, will all be determined by the court.  Like custody, visitation arrangements will be determined by what the court feels is in the best interests of the child.*  For more information on how a judge will make decisions about custody and visitation, see How will a judge make a decision about custody?

Unlike legal custody, visitation does not give a parent the right to make major decisions about the child’s well-being, including education or medical matters.  Unlike physical custody, a child will not live with a parent who has visitation rights.  However, the child may be able to have overnight, weekend, or even longer visits with the parent, depending on what the court decides.

* Va. Code Ann. §§ 20-124.2(B); 124.3

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