Child Custody & Visitation Process

Whether you’re a parent going through a divorce or a new parent welcoming a child outside of marriage, nothing is more important than ensuring your child is well cared for and has the chance to build a meaningful relationship with you. Establishing a well-thought-out custody arrangement is the key to achieving that. At Virginia Family Law Center, P.C., we understand how challenging and emotional the custody process can be. With years of experience guiding parents through these complex decisions, we’ll help you develop a plan that prioritizes your child’s well-being above all else. Let us be your trusted partner on this important journey.

Step 1: Discuss Your Needs and Expectations

When you meet with our team, we’ll discuss the unique needs and circumstances of your family, along with your goals for a custody arrangement. We’ll also help you understand the elements used to make child custody determinations.

Key Factors the Judge Considers: 

Judges in Virginia base custody decisions on the best interest of the child standard. This may include evaluating factors such as:

• The child’s age, physical, and emotional needs  
• The relationship each parent has with the child  
• The ability of each parent to provide a stable home environment  
• The willingness of each parent to foster the child’s relationship with their other parent  

Step 2: File a Petition

The first step in establishing child custody is filing a petition.

• Unmarried Parents should file in the J&DR Court where the child resides.  
• Divorcing Parents can include custody as part of the divorce process by filing in the Circuit Court where either parent lives or where they last lived together.  

You’ll need to gather specific forms, which vary by court. These might include petitions for custody and parenting time or, if applicable, acknowledgment of paternity or genetic testing requests. Court clerks can provide these details and assist with administrative questions.  

Step 3: Serve the Other Parent

Once the petition has been filed, Virginia law requires that the other parent be officially notified through a process called “service of process.” This ensures both parents are aware of and involved in the custody proceedings.  

There are several ways to serve the other parent:

• Sheriff’s Office: Let the sheriff will deliver the paperwork.  
• Private Process Server: Use a licensed professional to serve documents.  
• Certified Mail: Send the documents via certified mail.

Ensure this step is completed promptly, as the other parent will need time to review the documents and respond.  

Step 4: Attend Mediation

Virginia courts often encourage mediation as a way to resolve custody disputes without going to court. Mediation allows both parents to discuss and negotiate custody terms in a neutral, cooperative environment. A mediator helps guide the conversation but does not make decisions for you. If parents reach an agreement, the mediator will draft a written agreement and send it to the court for review. In some cases, mediation may not result in an agreement, and the custody dispute will need to be resolved through litigation.

Step 5: Prepare for the Court Hearing

When mediation doesn’t result in an agreement, your case will go to a court hearing. At this stage, both parents will present their arguments, evidence, and any supporting documentation to a judge.  

Attending a court hearing can be formal and complex, so seeking legal assistance can make a significant difference in how you present your case.  

Step 6: Receive the Final Custody Order

After reviewing all information, the judge will issue a final custody order, which outlines custody, parenting time, and visitation rights.  

This order typically includes details such as:

• Legal Custody (decision-making authority): Whether parents share responsibility (joint custody) or one parent retains authority (sole custody).  
• Physical Custody (where the child lives): Whether time is divided between parents or primarily given to one parent.  

The final order is legally binding, and failure to comply can lead to legal consequences. If circumstances change down the line, either parent can petition the court for a modification.    

Set Your Child Up for Success Today

The custody process can be complex and overwhelming, but taking careful steps is essential to ensure the best outcome for your child. At Virginia Family Law Center, our attorneys are here to support you every step of the way. Whether you need help filing your petition, preparing for mediation, or advocating for your child’s best interests in court, we are dedicated to making this journey as smooth as possible. Contact us today to schedule a consultation. Together, we’ll help you build a brighter future for your family.