How Does Visitation Work in Virginia?

 Posted on November 20, 2025 in Child Custody

When parents separate or divorce, one parent usually gets primary physical custody while the other gets visitation time with the children. Understanding how Virginia courts handle visitation helps you know what to expect and how to protect your relationship with your kids. 

Our Fairfax County divorce attorney can help you create your first custody plan and fight for your right to see your children. 

What Kind of Visitation Agreement Can We Make? 

Visitation in Virginia is often also called parenting time. In any child custody case, the goal is to give children meaningful relationships with both parents whenever possible. Virginia Code Section 20-124.3 guides courts in making custody and visitation decisions based on what serves the best interests of the child.

In a best-case scenario, parents work together to draft a custody and visitation agreement that works for them both. When this is not possible, courts try to create schedules that allow both parents to spend as much time with their children as reasonably possible. 

A fixed visitation sets a specific schedule in the court order. It might say every other weekend from Friday at 6:00 PM until Sunday at 6:00 PM, plus one evening per week, alternating holidays, and two weeks in summer. This leaves no room for confusion or arguments about when visitation happens.

In some cases, supervised visitation, which requires a third party to be present during visits, may be necessary. Courts only order supervised visitation when they believe the child needs extra protection, and only for as long as the safety concern exists.

How Do Courts Decide Visitation Schedules?

Virginia law lists factors judges must consider when making custody arrangements. These include:

• The age and physical and mental condition of the child

• The relationship between each parent and child

• The role each parent played in the child's upbringing

• The willingness of each parent to support the child's relationship with the other parent

A parent’s work schedule also affects visitation schedules. If you work nights or travel frequently for work, the court will design a schedule that works with your availability. The goal is maximum time with your children that fits your life circumstances.

Can Visitation Be Denied or Limited?

Courts can restrict visitation when a parent poses a danger to the child. Evidence of abuse, neglect, substance abuse, or domestic violence can lead to supervised visitation or no visitation at all. A parent's criminal history or mental health issues might also affect visitation if they would negatively impact the child. 

Can Visitation Orders Be Changed?

Virginia law allows courts to modify custody and visitation orders when there has been a material change in circumstances. You must show that something significant has changed since the last order and that the modification serves the child's best interests.

What Happens If a Parent Violates the Visitation Order?

Violating a visitation order is against the law. If the custodial parent denies court-ordered visitation, the other parent can file a motion for contempt. The court can order makeup visitation time, change custody arrangements, or even impose fines or jail time for repeated violations.

Call a Fairfax County, VA Child Custody Lawyer Today

Visitation orders shape your relationship with your children for years to come. Getting the right schedule and protecting your parenting time requires someone who understands Virginia custody law and will fight for your rights.

Our Prince William County, VA child custody attorney has more than 15 years of experience helping parents secure meaningful time with their children. Whether you need to establish a visitation schedule, modify an existing order, or enforce your rights, we can help you navigate the legal process and protect your relationship with your kids. Contact Nicole M. Burns, Attorney at Law at 703-373-4761 to discuss your case.