A parenting plan (sometimes called a custodial arrangement) sets out the details of co-parenting. It helps parents manage their rights and responsibilities, meet the needs of their children, prevent or resolve disputes, and plan for the future. Nothing in this section shall be construed as interpreting or applying the terms of such a custody or access order. Virginia law allows any “person with a legitimate interest” to seek custody or visitation. The Virginia Code explicitly defines “persons with a legitimate interest” to include grandparents. For answers to your questions about grandparent custody and visits, see Grandparents` rights in Virginia. Child support is determined on the basis of a specific formula, taking into account the income of both parents, the number of children, the maintenance paid by one of the parents for a child from another marriage, work-related childcare costs, health insurance costs for children and the number of days that the parent who does not have custody with the children. The child support policy is probably correct, but it is at the discretion of the court to increase or decrease the level of child support depending on certain circumstances. Yes. Under Virginia law, “persons with a legitimate interest” can request custody and visitation.

These include grandparents, in-laws, former in-laws, blood relatives and family members. The J&DR court will no longer have jurisdiction to consider these issues and the J&DR case will be dismissed. Typically, once a divorce is finalized, the Circuit Court “refers” the case to the J&DR court, and any other questions about custody, presence, and assistance are filed with the J&DR court. If you already have a J&DR court order regarding custody, visitation, or assistance and you want that order to be changed and not involved in a divorce, you must file with the same J&DR court that entered the last order for the change. The custody status of children when a child`s parents separate is unclear until a custody order is issued by a court. A “pendente lite” (temporary) custody and access order can be used to resolve custody and access issues until the parties can fully plead or settle their case. For more information, see Temporary detention and visiting orders in Virginia. When creating a parenting plan, it is important that you meet all of your children`s needs and use airtight language that leaves no room for interpretation.

As family structures evolve and many families have two parents working full-time, joint custody arrangements are becoming more common. This doesn`t necessarily mean 50-50 timesshare, but something closer than if one of the parents has primary custody and the other has every other weekend with the kids. D. In any case involving the custody or visitation of minor children, whether in a county or district court, the court may order an independent psychiatric or psychological assessment to assist the court in determining the best interests of the child. The court may make such order as it considers appropriate for the payment by the parties of the costs of the assessment. In addition to the many elements considered in a custody agreement, there are also many different forms of custody that two parents can share, ranging from primary custody with one of the parents to joint custody with both parents. Depending on the specific situation and best interests of the child, a Virginia custody attorney can help determine which form of custody is most preferred and ensure that both parents know what it means. In the context of support and visits, if one of the parents refuses the other parent`s visit, the parent paying the support cannot use it as a reason to withhold or discontinue child benefits. A video on the VA Law Help 2 Go website describes what physical and legal custody means in terms of parenting time and parental rights in making important decisions for the child.

The change in circumstances can be positive or negative. A positive change could be the remarriage of a parent or a new job with a higher salary or a more flexible work schedule. A negative change could be a child developing behavioral problems, a parent struggling with drug addiction, or a criminal conviction of a parent. As mentioned above, the denial of court-ordered access by a parent can also be a substantial change in circumstances that allows for a change of custody. .