Parenting Time Lawyer Virginia, VA
Parenting time—the schedule that governs when a child spends time with each parent—is one of the most emotionally charged issues in Virginia family law. Under Virginia Code Title 20, courts determine parenting time based on the best interests of the child, weighing ten statutory factors. Whether you are divorcing, separated, or have never been married, establishing a clear, enforceable parenting time order protects your relationship with your child. Law Offices Of SRIS, P.C., founded in 1997, practices family law throughout Virginia. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, and the firm has obtained 4,739+ documented firm-wide results. Results may vary. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Parenting Time Means in Virginia
In Virginia, parenting time refers to the schedule and conditions under which a child spends time with each parent. It is a subset of physical custody, distinct from legal custody—the right to make major decisions about a child’s upbringing. A parenting time order may be entered by a circuit court as part of a divorce or by a juvenile and domestic relations (J&DR) district court in a standalone custody matter. The court’s guiding principle is the best interests of the child under Va. Code § 20-124.2, and the statutory factors are enumerated in Va. Code § 20-124.3.
Virginia law requires courts to consider ten statutory factors when determining parenting time, as set out in Va. Code § 20-124.3.
Source: Va. Code § 20-124.3. Virginia Code
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Those factors include the child’s age and health, each parent’s physical and mental condition, the existing parent–child relationship, the child’s relationships with siblings and extended family, the role each parent has played and will play in the child’s care, each parent’s willingness to support contact with the other parent, and any history of family abuse. The court may also consider the reasonable preference of a child of suitable age and maturity. Because the analysis is fact‑intensive, a parenting time order can be tailored to a family’s unique circumstances—from a standard alternating‑weekend schedule to detailed holiday and summer arrangements.
Virginia’s court system handles parenting time across two levels: circuit courts in each city and county have jurisdiction when a divorce is pending, while J&DR courts address custody and visitation for unmarried parents or where a divorce has not been filed. The firm’s Fairfax Location serves as a base for representation throughout Northern Virginia, and Mr. Sris and his Of Counsel appear in courts from Arlington to Richmond and across the Commonwealth. Contact the firm at (888) 437-7747 to discuss your parenting time matter.
How Mr. Sris and His Of Counsel Handle Parenting Time Cases
When you reach Law Offices Of SRIS, P.C. about a parenting time issue, the process begins with a consultation. You describe your family situation, and the legal team reviews the facts under Virginia’s statutory best‑interests framework. Because every parenting time dispute is different, the approach is tailored to your goals and the unique dynamics of your case.
Early focus is often on negotiation. A written parenting plan agreed to by both parents can be presented to the court and, if it serves the child’s best interests, may be entered as an order without a contested hearing. Where negotiation stalls, mediation can help parents reach a resolution. If litigation becomes necessary, Mr. Sris draws on his courtroom experience as a former prosecutor to present your case clearly and persuasively. Throughout, Mr. Sris and his Of Counsel keep you informed about the process and the realistic options available under Virginia law.
Parenting time orders are modifiable. Under Va. Code § 20-108, a court may modify a parenting time order when a material change in circumstances has occurred since the last order and modification serves the child’s best interests. Whether you are seeking to establish an initial schedule, enforce an existing order, or pursue a modification, the firm works toward a resolution that protects your relationship with your child. To request a consultation, call (888) 437-7747.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background includes service as a former prosecutor, and he testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris is supported by Of Counsel attorneys who bring additional experience in family law, criminal defense, and child welfare matters. Together, they handle parenting time cases across Virginia, drawing on over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
How is parenting time determined in Virginia?
Parenting time in Virginia is determined by a judge who applies the trusted‑interests‑of‑the‑child standard and weighs ten statutory factors under Va. Code § 20-124.3. The court looks at the child’s age, each parent’s health, the existing relationships, the role each parent has played in the child’s life, and any history of abuse. The goal is to craft a schedule that supports the child’s emotional and developmental needs while recognizing each parent’s right to maintain a meaningful relationship.
What factors does a Virginia court consider when setting a parenting time schedule?
Virginia courts consider ten specific factors listed in Va. Code § 20-124.3, including the child’s age and health, each parent’s health, the parent‑child relationship, the child’s ties to siblings and extended family, each parent’s role in the child’s upbringing, willingness to support contact with the other parent, and any history of family abuse. The court may also give weight to the reasonable preference of a child who is of sufficient age and maturity. No single factor controls; the court weighs them all in light of the particular family circumstances.
Can a Virginia parenting time order be modified?
Yes, a Virginia parenting time order can be modified if a material change in circumstances has occurred since the last order and the change serves the child’s best interests. Common reasons for modification include a parent’s relocation, a change in the child’s needs, or a parent’s failure to follow the existing schedule. The parent seeking modification must file a motion with the appropriate circuit or J&DR court and present evidence supporting the change.
Do I need a lawyer to establish parenting time in Virginia?
You are not legally required to hire a lawyer to establish parenting time in Virginia, but legal guidance helps ensure the order accurately reflects your rights and the child’s needs. Parenting time proceedings involve procedural rules, evidence standards, and the ten‑factor best‑interests analysis, all of which can be difficult to navigate without an experienced attorney. A family law attorney can help you prepare a proposed parenting plan, negotiate with the other parent, and present your position in court if necessary.
What is the difference between legal custody and physical custody in Virginia?
Legal custody refers to the right to make major decisions about a child’s education, healthcare, and religious upbringing, while physical custody—including parenting time—determines where the child resides and when. In Virginia, parents may share joint legal custody, joint physical custody, or one parent may have sole custody. Parenting time orders can be tailored even when legal custody is shared, setting out a specific visitation schedule that accommodates work, school, and extracurricular activities.
How does the court handle parenting time when parents live far apart?
When parents live far apart, Virginia courts fashion a parenting time schedule that accounts for travel logistics, the child’s school calendar, and the need to maintain meaningful contact with both parents. The court may allocate longer blocks of time during school breaks, designate responsibility for transportation costs, and, in some cases, order virtual visitation through video calls. The goal remains the child’s best interests, and the schedule is tailored to fit the geographic reality.
Related Virginia Family Law Pages:
- Virginia Child Custody Lawyer
- Virginia Visitation Rights Attorney
- Virginia Child Support Lawyer
- Family Law Lawyer Virginia
India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction.
Virginia legal resources: Virginia Code Title 20 (Domestic Relations) | Virginia Courts | Virginia State Bar
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.