Sometimes spouses that are separating have no outstanding custody, support, property, or other issues to be resolved. We can help you to prepare a settlement agreement between you and your spouse, and determine under what grounds, no-fault or fault-based, to file your divorce proceeding.
When two parents separate, they must determine the best visitation schedule for the minor children. Families typically have a regular visitation schedule and a separate schedule for holidays and vacations. The visitation schedule that works best for a particular family can vary greatly depending on a range of factors. In Virginia, the Court must consider the factors set forth in Va. Code 20-124.3 when determining the best visitation schedule for children. All of these factors aid the Court in determining the visitation schedule that is best suited for the children. However, in addition to those factors there are numerous logistical factors that a parent must take into account when determining the best proposed schedule for visitation, including but not limited to each parent’s employment and work schedule, where each parent resides, the location of childcare providers and the children’s extracurricular activities, and how those factors may all change as the children grow up.
Our attorneys can help you weigh all of these factors and determine the best visitation schedule for your children. We also know what common pitfalls may occur in some visitation schedules and will make sure you avoid those pitfalls. If parents are unable to reach an agreement as to the appropriate visitation schedule for the children, we will help you explore all of your options for reaching a resolution including negotiation, mediation, or litigation and a trial.
Once parents have agreed on a visitation schedule, either parent can attempt to alter that schedule if there has been a material change in circumstances that makes a change to the schedule in the children’s best interests. Our attorneys have the experience to help you understand the definition of a material change and determine the best way to pursue a modification to your current visitation schedule.