Parenting Time Lawyer Chesapeake, VA
When parents in Chesapeake, Virginia, face disagreements about when and how each parent spends time with their children, the matter is decided through a parenting time (visitation) proceeding governed by Virginia Code Title 20. The Chesapeake Juvenile and Domestic Relations District Court handles standalone custody and visitation petitions, while parenting time issues inside a divorce fall under the Chesapeake Circuit Court at 307 Albemarle Drive. Our firm represents mothers, fathers, and other parties seeking a parenting time order that reflects the child’s best interests under Va. Code § 20-124.3. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel team bring extensive family law experience to Chesapeake parenting time disputes—from initial scheduling to modification and enforcement. To discuss your parenting time matter, reach our location at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Parenting Time Means in Chesapeake, Virginia
Parenting time—often called visitation—refers to the schedule that governs when each parent spends time with a child. Under Virginia law, courts determine parenting time based on the best interests of the child, using ten statutory factors set out in Va. Code § 20-124.3. These factors include the child’s relationship with each parent, each parent’s ability to support the child’s relationships with siblings and extended family, the role each parent has played in the child’s upbringing, and any history of family abuse.
In Chesapeake, the Juvenile and Domestic Relations District Court hears original petitions for custody and visitation orders when no divorce is pending. If a divorce action is already in progress, the Chesapeake Circuit Court can address parenting time as part of equitable distribution and child custody rulings. Virginia’s equitable distribution statute (Va. Code § 20-107.3) requires the court to classify and value marital property, but parenting time issues are resolved independently under the trusted-interests standard. The court may order supervised or unsupervised parenting time, set holiday and summer schedules, and require parents to participate in parenting education classes. Regardless of which Chesapeake court hears the matter, parents are encouraged to submit a proposed parenting plan; if the parents cannot agree, the court will establish the schedule after hearing evidence.
Relocation of a parent is a frequent issue in Chesapeake parenting time cases because of the Hampton Roads region’s transient military and civilian populations. Va. Code § 20-124.5 requires a parent subject to a custody or visitation order to give 30 days’ advance written notice to the court and the other parent before relocating or changing address. The court considers the impact of the move on the child’s relationship with the non-moving parent and may modify the parenting time schedule to accommodate the new distance. Mr. Sris and his Of Counsel are familiar with the local practice in Chesapeake courts and work with clients to address these procedural requirements without delay.
How Mr. Sris and His Of Counsel Handle Parenting Time Cases
When a client contacts Law Offices Of SRIS, P.C., the first step is a consultation to understand the family’s situation and the parent’s goals. Mr. Sris and his Of Counsel explain how Virginia’s best-interests standard applies to the specific facts, identify evidence that supports the proposed schedule, and assess whether negotiation or court intervention is the most appropriate path. Many Chesapeake parenting time disputes are resolved through parent-teacher conferences, mediation, or attorney-to-attorney discussion before a contested hearing is necessary.
If a hearing is unavoidable, Mr. Sris and his Of Counsel prepare the client to present testimony, gather school, medical, and extracurricular records, and, where appropriate, work with a guardian ad litem when the court appoints one to represent the child’s interests. Guardian ad litem fees vary by case. The firm appears in Chesapeake Juvenile and Domestic Relations District Court for petitions, motions to modify, and enforcement proceedings, and in Chesapeake Circuit Court when parenting time is part of a divorce or equitable distribution matter. Throughout the process, the firm works to achieve a parenting time arrangement that supports the child’s stability and the parent’s meaningful involvement.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since founding the firm in 1997. He is a former prosecutor and brings a trial-tested perspective to parenting time disputes. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His Of Counsel team collectively handles family law matters in courts throughout Virginia, including Chesapeake’s Juvenile and Domestic Relations District Court and Circuit Court. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, grounded in 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
How is child custody and parenting time decided in Chesapeake, Virginia?
Parenting time decisions in Chesapeake are based on the best interests of the child under Virginia Code § 20-124.3. Courts evaluate ten statutory factors, including each parent’s relationship with the child, the child’s needs, the parent’s willingness to support the other parent’s relationship, and any history of abuse. In Chesapeake, the Juvenile and Domestic Relations District Court handles standalone visitation matters; if parenting time is part of a divorce, the Circuit Court makes the determination. The court may adopt a parenting plan proposed by the parents or set a schedule after hearing testimony and reviewing evidence. Parents may present witnesses, school records, and other documentation. A guardian ad litem may be appointed to represent the child’s interests.
What is the difference between legal custody and physical custody in Virginia?
Legal custody involves decision‑making authority about a child’s upbringing, while physical custody—and the parenting time schedule—determine where the child lives. Courts may award joint legal custody, joint physical custody, or sole custody to one parent. Parenting time can be shared equally or structured so that one parent has primary physical custody and the other enjoys specific periods of visitation. Virginia courts prefer arrangements that provide a child with frequent and continuing contact with both parents, as long as that arrangement serves the child’s best interests.
Can a parenting time order be modified in Chesapeake after it is entered?
Yes, a parent may petition to modify a parenting time order in Chesapeake if there has been a material change in circumstances affecting the child’s welfare. Common grounds include a parent’s relocation, a significant change in the child’s needs, or concerns about the child’s safety. The petition is filed in the court that issued the original order—either the Juvenile and Domestic Relations District Court or the Circuit Court. The parent requesting the modification must provide evidence that the change is in the child’s best interests. The court may then adjust the parenting time schedule accordingly.
What should I do if the other parent is not following the parenting time order in Chesapeake?
If the other parent violates a Chesapeake parenting time order, you can file a show‑cause petition to enforce the order. The court may find the non‑compliant parent in contempt and impose sanctions, which can include makeup parenting time, fines, and attorney fees. Keeping a detailed log of missed visits, late returns, and communication can strengthen the petition. Law enforcement may be involved only in limited circumstances; the primary enforcement tool is a court motion. Because the burden of proof varies, consulting a family law attorney before filing is prudent.
How does a parent request a new parenting time schedule in Chesapeake when no order exists?
An initial petition for custody and parenting time is filed in the Chesapeake Juvenile and Domestic Relations District Court. The petitioner must state the child’s current living situation, the relationship between the child and each parent, and any other facts relevant to a best‑interests determination. The court will schedule a hearing where both parents can present evidence. Mediation may be ordered. If the parents can agree on a schedule, they can submit a written parenting plan for the court to approve. If no agreement is reached, the judge will order a schedule after the hearing.
Related Family Law Pages
Family Law Lawyer Chesapeake, VA | Family Law Lawyer Fairfax County | Family Law Lawyer Prince William County
For additional statutory background, see Virginia Code Title 20 (Domestic Relations) and visit Chesapeake Circuit Court.
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.