Types of Custody Agreements

Child Custody Agreements Recognized by Virginia Courts

One of the easiest ways to settle a child custody case is for the parents to create a plan together. But if you and your ex can’t communicate and agree on all the provisions in a custody agreement (physical and legal custody, sole or joint, and parenting time), you will want the help of a child custody attorney. An attorney from Montgomery, Kelley, & Dennett will help in the judges decision to approve your agreement if the arrangements appear to be in the child’s best interest.

If you’re having trouble agreeing on all the custody details, you may consider attending mediation together. If you’ve already filed for divorce without a custody agreement, you’ll at least have to attend an orientation session to learn about mediation, and you might be ordered to participate in mediation.

What Is Visitation or Parenting Time?

Virginia custody law requires judges to ensure that children have “frequent and continuing contact with both parents,” when that’s appropriate.

If one parent has primary physical custody, they must have a schedule for visitation between the child and the non-custodial parent. Typically, these schedules include arrangements for alternating weekend visits, extended visits during the summer and other school breaks, holidays and birthdays, and details like instructions for pick-up and drop-off between the parents and at school.

Judges prefer it when parents communicate and create a parenting schedule that works best for the entire family. For example, if one parent works nights during the week but has weekends off, it would work out best for that parent to have parenting time on the weekends. If you present a plan to the court, the judge will sign it as long as it’s serving your child’s best interests. But if you can’t agree on a schedule, the judge will create one for you.

Montgomery Kelley & Dennett are here to help!

Are you in need of a Child Custody Attorney and live in James City County, Virginia? At Montgomery, Kelley & Dennett we have decades of combined legal experience and will aggressively pursue the best visitation schedule for your child.