Visitation Archives - BoykoNapier, PLLC

Virginia Child Custody Tip: Picking a Summer Visitation Schedule

August 25, 2016 By Marc Leave a Comment

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In theory, co-parenting during the summer should be a breeze–no school, no homework, no stress, right? In practice, things can get pretty complicated trying to come up with a summer visitation schedule that works for both parents and keeps the children happy. This post offers brief thoughts on some frequently-used summer visitation schedules. Now that summer is nearly over, you can reflect on these options to determine what to do for next year. As with all of our posts, this is not designed to offer legal advice regarding what schedule would work best for you and your family. If you have specific questions, you should speak with an experienced Virginia family law and divorce attorney.

General Visitation Schedule + Vacation option
- Overview – Perhaps the most common summer visitation schedule is keeping the school-year schedule through the summer months (where the custodial parent retains “primary custody”). Normally, in addition to the regular schedule, the parents will both have an option to exercise a certain number of uninterrupted weeks with the children during the summer (often two or three weeks).
  - Benefits – Keeping the children in the same routine can be beneficial. The parents are also used to the routine and it may be ideal for their respective work schedules. Also, if the normal schedule is a shared or equal schedule, there is often little reason or need to change for the summer.
  - Detriments – A school-year visitation schedule may be difficult to manage for parents when the children aren’t actually in school. Planning day care, summer camps, and vacations can be complicated, and often lead to a tug-of-war for time between parents.
Week to Week
- Overview – Another common arrangement is for parents to alternate weeks with their children throughout the summer. This is particularly common for parents who live near one-another and who have both maintained a good relationship with the children.
  - Benefits – Equal time for parents can be healthy for children. It is an easy structure to follow and there are fewer visitation exchanges (i.e. less back and forth). This structure also provides plenty of opportunity for vacations and less risk for scheduling conflicts.
  - Detriments – For some parents (especially working parents), making daycare/camp arrangements every other week is complicated and expensive. If this is a concern for you, perhaps a 2-week on, 2-week off summer visitation schedule might be better.
Majority to Non-Custodial Parent
- Overview – This summer visitation schedule is particularly common for parents who live in different locations. Because transportation is expensive and time consuming, when a non-custodial parent lives far away from the child during the school year, there aren’t many opportunities for visitation. Hence, give them most of the summer.
  - Benefits – A large portion of the summer gives a parent (who is mostly absent from the child’s life during school) the additional time needed to maintain a strong bond with their child. It also allows a child to adapt to a new environment without the burden of homework assignments or other school-related stress.
  - Detriments – For the custodial parent, it is often difficult to stomach being away from their child for long periods of time. For the noncustodial parent, it is often difficult to rekindle a relationship after only seeing their child sporadically during the school year.

Hopefully these comments will get you thinking about what might be best for your child during the summer. Perhaps one of these options would suit them well; perhaps yet another schedule would be best. Brainstorming with the other parent could also help.

If you have questions about summer visitation, or about other child custody or visitation issues, contact an experienced family law and divorce attorney at BoykoNapier. BoykoNapier represents clients throughout Central Virginia, including Richmond, Chesterfield, Henrico, Hanover and the surrounding localities. Feel free to contact BoykoNapier at (804) 658-3418, or you may contact us via email.

Virginia Child Custody Tip: The Importance of Co-parenting

May 5, 2016 By Marc Leave a Comment

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Co-parenting is no easy task, especially when your relationship with the other parent has ended and you are living in different homes. Nevertheless, it is very important that you dedicate time and energy towards building good co-parenting skills.

Life will be a lot brighter and less stressful (for you and your child) if you and the other parent can have positive, productive communication and make decisions effectively. This post is designed to provide a few tips for co-parenting from a Virginia family law attorney’s prospective. This information is not intended as legal advice, as every co-parenting relationship is unique. Should you have specific questions regarding your custody or visitation case, be sure to speak with an experienced divorce or family law attorney.

Focus on Your Child.
- Be sure to remember that co-parenting is all about your child. Your child’s best interest should be the focus.
- While it is easier said than done, try not to let emotion get in the way, whatever your personal feelings about the other parent may be.
Set Co-parenting Boundaries (if necessary).
- If you and the other parent are frequently engaged in conflict when you interact, use methods that are less-prone to produce controversy and are more productive.
- For example, if phone calls or in-person discussions often lead to arguments and rarely lead to solutions, consider written correspondence (such as email or text) as a primary method of communication.
Be Responsive and Informative.
- One of the best ways to maintain respect in your co-parenting relationship is to be responsive and informative.
- Do your best to answer calls and respond to emails. Giving and receiving information about your child should be a priority, not a burden.
Avoid Negativity to Avoid Conflict.
- The Golden Rule is important in all aspects of life, but particularly in co-parenting. Complaints, blame, and unwarranted criticism will often degrade your relationship with the other parent and negatively impact your ability to communicate effectively.
- Try and be positive when communicating about your child. If you have a grievance with the other parent, consider offering practical solutions to prevent the issue from resurfacing in the future.
Two Wrongs Don’t Make a Right.
- Just because the parent of your child is not co-parenting effectively (i.e. they are non-responsive, negative, or constantly sparking controversy) doesn’t mean that you should do the same.
- Which parent communicates the best is often an important factor for a Judge who is considering child custody or visitation issues. Take a look at our Child Custody and Visitation Factors blog post and Virginia Code 20-124.3 to learn more about all of the Virginia child custody and visitation factors (a.k.a. the best interests factors).

We hope these tips will help you in your co-parenting relationship. If you find that your co-parenting relationship is an ongoing struggle, it may be wise to consider speaking with an experienced co-parenting counselor.

If you have specific questions about your Virginia child custody or visitation case, feel free to contact us. The experienced lawyers at BoykoNapier handle divorce and family law matters through Central Virginia, including Richmond, Chesterfield, Henrico, Hanover and the surrounding localities. Contact BoykoNapier at (804) 658-3418, or via email.

Virginia Custody and Visitation Cases – What Do I File?

August 31, 2015 By Marc Leave a Comment

Courtesy of Taber Andrew Bain via flickr.com license link — Courtesy of Taber Andrew Bain via flickr.com
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When entering (or re-entering) child custody litigation, the legal documents that parents file determine which set of legal standards and procedures will be applied. Throughout the lifetime of a child, parents may commence custody and visitation cases by filing initial petitions, motions to amend, or de novo appeals (not to mention appeals to higher appellate courts, which will not be addressed in this post). What are these different stages, why are these filings important, and how can an experienced family law and divorce attorney at BoykoNapier help you successfully navigate this terrain? Please keep in mind that all cases are unique and you should consult with an experienced Virginia lawyer about what to file for your particular case.

Initial Petition in Virginia Juvenile Court/Complaint for Divorce in Circuit Court

When parents have not previously litigated custody and visitation issues and are seeking to open a case with the Virginia Juvenile Court, they will be directed to file “initial petitions”. Even if parents have been operating under an informal agreement for several years before going to court, the proceedings are still initiated by the filing of initial petitions in Juvenile Court. Generally speaking, if a Court is a proper forum (i.e. proper jurisdiction and venue) to hear the case, there is no legal threshold required in order file an initial petition. The court’s paramount concern will be “what is in the best interest of this child?” The Court will be guided by the factors contained in Virginia Code Section 20-124.3.

Another common court filing that also initiates child custody and visitation issues is a Complaint for Divorce, which is filed in Circuit Court. When parents of a minor child are married and seeking a divorce, the Judge in Circuit Court will also have the ability (a.k.a. jurisdiction) to make a decision and enter an order regarding child custody and visitation.

Motion to Amend (aka “Modification Petition”) in Virginia Juvenile Court

If parents return to court after a final custody and visitation order was entered, they will normally do so by filing a Motion to Amend. A Motion to Amend is a motion filed with the court that requests a change to the current child custody/visitation order. Unlike initial petitions where there is not generally a legal threshold required to file, to prevent parents from continuously filing to change a court order, the party who files a Motion to Amend is usually required to prove that there has been a “material change in circumstances” since the entry of the last court order. If the moving party is successful in proving that there was a material change in circumstances, the court will again analyze what result would be in the best interest of the child before determining whether or not to change the order.

De Novo Appeal in Virginia Circuit Court

Following any child custody or visitation determination in a Virginia Juvenile and Domestic Relations Court, each party has the right to appeal the case to Circuit Court. These appeals are referred to as “de novo” (which means starting over), because the Circuit Court will not consider the evidence presented before the Juvenile Court. Instead, the Court will hear the entire case again, just as if it had not already been presented before a Juvenile Court. As you can imagine, it is not uncommon for the appeal to result in a drastically different result. The legal standard to be applied by the Circuit Court depends on the type of petition brought before the Juvenile Court.

Speak with a Virginia Child Custody/Family Law Attorney

It is important that any litigant in a custody dispute understand the proper petition/motion to file and the applicable legal standards. The attorneys at BoykoNapier are experienced in all manner of family law and divorce cases. Our lawyers will assist you through each of the steps of custody and visitation proceeding. For questions about your custody or divorce case, call (804) 658-3418, or contact us via email.

The Ins and Outs of Supervised Visitation in Virginia

May 22, 2015 By Marc Leave a Comment

In Virginia, Judges have the authority to order that a person’s visitation with their minor child be supervised. Because we receive tons of questions about supervised visitation, we thought it would be good to create a short post with some basic information.

What is supervised visitation?

Supervised visitation is when a parent who is visiting with their child has another individual (a.k.a. “the supervisor”) in their presence to ensure that the visitation is safe and appropriate for the child.
The role of the supervisor is an important one; the supervisor is tasked with monitoring the parent’s behavior and interactions with the child during the visitation.

Why would a Judge order supervised visitation?

While there are a variety of situations in which a court might order supervised visitation, here are a few common examples:

Drug or alcohol use. If the non-custodial parent has a history of drug or alcohol abuse, the court may order supervision during visitation.
History of poor parental judgment. If the non-custodial parent has made parenting decisions that have put the child in danger, or that have otherwise negatively impacted the child, a court may order supervised visitation.
Mental illness. If the non-custodial parent has a history of severe mental health issues, a court may order supervised visitation.
History of Family Abuse or Anger problems. If the non-custodial parent has a history of family abuse or anger issues, a court may order supervised visitation (as well as an anger management course in certain cases).
Lack of involvement. If a parent has not been consistently involved in their child’s life, a Court may order supervision to ensure that there is a smooth transition for the child while they build (or rebuild) their relationship with the parent.

Who is the supervisor?

It really depends on the case. In some situations, the Court will allow the custodial or non-custodial parent to select an appropriate supervisor, or required that the parents use a mutually agreeable supervisor. In other cases, the Court will select the supervisor, or order that the visitation take place at a special facility that will supervise the visits in a controlled environment.
For custodial parents, if you are allowed to select the supervisor, it is important to select someone whom you trust to be your eyes and ears during the visitation; you want to use someone who will report back to you in the event of any issues with the visitation.
For noncustodial parents, if you are allowed to select the supervisor, be sure to select someone reliable who is going to show up on time and be available for each visitation.

If you have questions about supervised visitation in Virginia, it is important to speak with an experienced family law attorney about your case. The lawyers at BoykoNapier are experienced in all aspects of family law and divorce matters, including complex child custody and visitation cases. BoykoNapier handles cases throughout the Richmond area, including Henrico, Hanover, Chesterfield and the surrounding localities. For questions about your custody or divorce case, call (804) 658-3418, or contact them via email.

Virginia Child Visitation – Finding the Right Arrangement

January 8, 2015 By Marc Leave a Comment

Man with child — Courtesy of Esther Gibbons via flickr.com
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If you have children and are separated or divorced from the other parent, chances are you have a visitation arrangement of some kind. It might be a simple understanding with no concrete terms, or it might be spelled out in detail and contained in a written Virginia court order. Whatever the case, it is important for separated parents to be open-minded about what visitation arrangement is best for their child. After all, kids change as they grow up, and what works today might be broken tomorrow.

We frequently have folks come to us with one question: How do I figure out what visitation arrangement is best? Unfortunately, we cannot answer that one for you. There is no person better equipped to answer that question than you, the parent. You have unique knowledge about your child, and about the kind of relationship (or lack thereof) they have with the other parent. Only you will know if the right arrangement for your child requires a dozen provisions to iron out every possible scenario, or if the right arrangement is to leave the options open at all times.

Common General Visitation Arrangements:

“Every Other Weekend” – very typical for school-aged children, this arrangement normally provides the non-custodial parent with visitation on alternating weekends, usually from Friday evening to Sunday evening. Additional visitation time could include weekday dinner visits or participation in extracurricular activities.
“Fifty/Fifty” – also referred to as joint physical custody, this arrangement provides each parent with an equal amount of visitation time with the child. Often, this is week-on week-off. However, some parents split the week and alternate weekends, while some alternate every day. There are also some parents who get limited time during the school year, but get the entire summer and most holidays in order to achieve a true fifty/fifty arrangement.
“Shared” – a shared visitation arrangement (also called shared physical custody) describes a situation where both parents have a substantial amount of visitation time, though not necessarily fifty-fifty. For example, a parent who receives three-weekends a month during the school year, and every other week during the summer would usually be considered to have shared custody of their child. As you can imagine, the types of visitation arrangements that fall under this category are numerous and often times very creative.
“Supervised” – a supervised visitation arrangement in Virginia is a situation where the non-custodial parent’s visitation time must be supervised by another person. This is usually a third-party relative, though it may be the other parent or even a formal facility that provides supervision.

(Note: the phrase “general visitation” is often different from holiday and summer visitation. Many parents will have an additional visitation arrangement for major holidays, and allot additional visitation time during the summer months.)

If you are looking for factors to guide your decision, it might be helpful to glance at the “best interests statute” (Va. Code 20-124.3), which sets forth the factors that Virginia judges are required to consider when determining a visitation arrangement. However, you are not limited by these factors. Use your best parenting skills to figure out what visitation arrangement would best suit your son or daughter. Even if you cannot reach an agreement with the other parent, at least you will be prepared to articulate your desired outcome to your attorney, or to a judge or mediator.

If you have a questions about your child visitation case, it is important to speak with an experienced Virginia family law attorney. The lawyers at BoykoNapier are experienced in all types of family law and divorce cases, including child custody, visitation and support. Our attorneys represent clients throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding localities. Call BoykoNapier at (804) 658-3418 to schedule a consultation, or contact us via email.

“I Want Custody” – How to File in Virginia

September 15, 2014 By Marc Leave a Comment

Courtesy of Todd Binger via flickr.com license link — Courtesy of Todd Binger via flickr.com
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“I want to file for custody of my child. How do I do that?” As you can imagine, this is one of the most common questions posed to a Family Law Attorney. Because filing for child custody or visitation is a stressful and confusing endeavor, we wanted to take a few minutes to share some information. However, we cannot offer specific legal advise in this post because every case is unique. That being said, we strongly encourage you to speak with an experienced Virginia Family Law Attorney about your circumstances.

Issue 1: What do I file in Virginia?

In Virginia, custody and visitation cases are normally initiated when a parent or other interested party files a “Petition”. This assumes that there has never been any other court cases involving your child (if so, you would likely need to file a different pleading known as a “Motion to Amend”) and that Virginia has jurisdiction (see below).

Depending on the locality where your Petition is filed, you may have to make an appointment. You will also typically be required to pay a filing fee, and to fill out a Uniform Child Custody Jurisdiction and Enforcement Act Affidavit. Because of the varying policies of the different localities, it is advisable that you contact the locality where you plan to file in advance, or do some online research–Henrico County, for example, posts information about filing petitions on their website.

Issue 2: Where do I file?

This question is very case specific and consultation with a Virginia child custody attorney is highly recommended. In order to determine where to file, several additional questions must be answered first in order to determine what state and locality has jurisdiction over custody and visitation of your child (i.e. what state/locality has the legal authority to make a ruling on custody/visitation).

Can you file in Virginia? Briefly put, here are a few of the common issues that could potentially disrupt Virginia’s jurisdiction:

There is an existing court order from another state regarding custody and visitation;
Your child lives in another state;
Your child has lived in Virginia for less than six months and another parent lives outside of Virginia.

Assuming Virginia has jurisdiction, another significant hurdle is determining what city or county you should file in. If you have never been to court before regarding your child, you will most likely want to file your petition(s) in the Juvenile and Domestic Relations District Court in the city or county where your child resides. However, there are numerous issues that could impact this as well: for example, if the other parent of your child just moved out and took your child and moved to another locality, you may want to file where you live, and not in the locality where the child is now located. Long story short, speak with an attorney to go over your specific circumstances to be sure you are filing the appropriate documents in the appropriate location.

Issue 3: What Will Happen After I File?

Procedurally speaking, you will usually get a court date where a judge will make decisions regarding the issues before him or her (i.e. custody and visitation of your child). Every city/county has their own policies and procedures that you will want to familiarize yourself with. For example, the timeframe between filing your petition and your first court date will be different depending on where your case is being heard. Counties and cities in the Richmond area tend to have busier dockets than some smaller counties. Additionally, some localities refer parties to mediation and/or parenting classes prior to the Court date (or sometimes following the first Court date). There are also a variety of other issues that could arise during your case, including: the appointment of a guardian ad litem to represent your child; psychological evaluations; counseling requirements; and the list goes on.

The attorneys at BoykoNapier are experienced in all types of Child Custody and Visitation matters in Virginia. Our attorneys handle cases throughout Central Virginia, including Richmond, Chesterfield, Henrico, Hanover and the surrounding communities. Call us to schedule a consultation at (804) 658-3418, or contact us via email.

The Role of a Guardian Ad Litem in Virginia Child Custody and Visitation Cases

January 3, 2014 By Marc Leave a Comment

two children — Courtesy of Kheel Center, Cornell University via flickr.com

If you are involved in contested child custody or visitation case in Virginia, chances are there will be a guardian ad litem appointed to represent your child. Therefore, it is important that you familiarize yourself with the role of the guardian.

What is a Guardian Ad Litem?

Guardians are Virginia attorneys who are appointed by the Court in certain cases to represent minors or other incapacitated individuals. In Virginia, guardians are frequently appointed to represent children who are the subject of a custody or visitation dispute. When appointed, a guardian’s job is to represent their client—the child—and to advocate for their client’s best interests. Thorough guardians conduct a time-consuming investigation prior to trial, which would normally include interviewing the parents, extended family-members, relevant third parties (i.e. counselors, psychologists, daycare providers, teachers) and other witnesses. It should also include “home visits” (observations of the homes of the parents or third-parties who are competing for custody/visitation) and reviewing important records (medical records, report cards, disciplinary records, etc.).

A guardian ad litem will also participate in the trial. They may introduce evidence, question witnesses, and make a recommendation to the Judge as to what custody and visitation arrangement they believe is in the child’s best interest.

**Will a Guardian Ad Litem be appointed in my case?**

The short answer: Maybe.

The long answer: It depends on the circumstances and on the city/county where your case is pending. In our experience, some Judges tend to appoint a guardian ad litem in every contested case, regardless of the circumstances and regardless of whether both parents have hired their own attorneys. Other Judges will require at least one of the parties to specifically request a guardian, and even then may be hesitant to appoint one without seeing a good reason for doing so. (Note: Virginia Code Section 16.1-266 (F) limits the Court’s ability to appoint guardians in cases where both parents have retained a lawyer.)

**Should I request a Guardian Ad Litem in my case?**

Good question. It is a good question because a guardian can have a very influential role in your child custody or visitation case. Judges tend to give a guardian’s opinion a great amount of weight. This is likely due to their ability to meet the parties outside of Court, to see their home environment, and, most importantly, to talk to the children in a comfortable environment.

For these reasons, among others, it is important that you speak with an experienced family law attorney about whether or not you want a guardian appointed to represent your child.

**What should I do if a Guardian Ad Litem is appointed in my case?**

It is important to develop a good relationship with a guardian, given the fact that they serve an important and influential role in the case. So, be responsive; return their calls, be cooperative and polite. Remember that they are representing your child, not the other parent. It is also wise to strongly consider hiring an experienced family law attorney if you have not already done so. An attorney can help guide you through the litigation process, which includes interacting with the guardian and assisting them with their investigation.

If you have any questions about the guardian ad litem’s role in your case, contact an experienced Virginia family law attorney at BoykoNapier. Our attorneys handle cases throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding localities. Call BoykoNapier today at (804) 658-3418, or contact us via email.

Grandparent’s Rights in Virginia Child Custody and Visitation Cases

December 5, 2013 By Marc Leave a Comment

grandparents and grandchild — Courtesy of surlygirl via flickr.com

It is a well known fact that grandparents are often actively and intimately involved in the lives of their grandchildren. Their roles often increase when the parents of their grandchildren are separated. Grandparents may transform into the daycare providers, character witnesses, visitation supervisors, and the list goes on.

In light of their involvement, grandparents are often concerned about the welfare of their grandchildren and ask us about their legal rights pertaining to custody and visitation. Because of the interest surrounding this topic, we felt it would be appropriate to post some general information. This post is not intended to offer legal advice. Every circumstance is unique and you should speak with an experienced family law attorney for specific advice.

Grandparents Can File Petitions for Custody and Visitation in Virginia

Virginia Code Section 16.1-241 gives Virginia Juvenile and Domestic Relations Courts jurisdiction to handle child custody and visitation matters. While the legislature has not yet set forth a statute dedicated to grandparent’s custody and visitation rights, petitions for child custody and visitation can be filed by any person with a “legitimate interest”—this phrase generally includes grandparents, stepparents, other blood relatives, among others. However, in our experience, most grandparents and other third parties are often unaware of the difficult legal hurdles they must leap in order to actually prevail on a child custody or visitation petition.

Biological Parents are Presumed to be the Best Custodians

Although grandparents and third-parties are able to file petitions for custody or visitation, the law affords the biological parents a tremendous amount of protection. The law generally presumes that the biological parents of a child are the best custodians and the best decision-makers regarding who the child should visit with.

Burden of Proof is on Grandparents

This parental presumption can be overcome in certain circumstances with compelling evidence. The grandparents will bear the heavy burden of proof and must meet that burden to succeed.

It is important to note that the burden of proof may differ depending on the type of case and the circumstances. The burden in custody cases is different from that in visitation cases. There are also often different burdens in cases when only one biological parent objects to the grandparents petition, as opposed to cases when both parents object.

In sum, grandparents and third parties are often permitted to pursue child custody and visitation in Virginia Juvenile Courts. However, if you are involved in such a case, it is important to speak with a skilled family law attorney.

The Virginia family law attorneys at BoykoNapier have experience handling grandparent and third party custody and visitation cases. We handle cases throughout Central Virginia, including Richmond, Henrico, Chesterfield and Hanover counties. If you have questions regarding child custody and visitation, or any other family law issues, contact BoykoNapier today at (804) 658-3418, or via email.

Call: 804-658-3418