Parenting time can be left open and flexible if the parents are able to co-operate. This is sometimes called “reasonable parenting time” or “liberal and generous parenting time”. This allows the parents to informally make arrangements that can easily be changed if the situation changes.
What is reasonable and liberal visitation? It is a time-sharing arrangement in which the specifics of child visitation are essentially left up to the parents to agree upon.
These terms typically refer to the physical arrangement only — the parents often still share joint legal custody. A common arrangement is the every extended weekend schedule. Children live with the custodial parent during the week and spend Friday afternoon to Monday morning with the noncustodial parent.
When two parents separate from each other, it is customary for one parent to file for child support. There is a common misconception that, in the event that the parents equally share custody, neither parent will have to pay child support. In Virginia, that is not always the case.
As noted above, Virginia law doesn’t prohibit you from relocating to another state. However, you do have to give your co-parent at least 30 days notice before you move. If you share custody with the other parent, you must also show that the relocation is in the best interest of the child.
Liberal leave refers to any unscheduled leave federal employees may take in the event of extreme weather or a similar emergency, which prevents them from reporting to work as usual.
Reasonable or liberal access with a child is a term used when a parent is granted access, but the times are flexible or not specific. Both parents must agree to the times for access and make the necessary arrangements. Both parents also have the right to access information about their child.
However, an equal split of custody in a joint custody case often leads to questions about the payment of child support between parents. If the parents split custody equally, does any child support need to be paid? The answer is yes, even in cases of 50/50 custody one parent will pay the other parent child support.
In Virginia, there is no presumption in favor of mothers in custody and visitation cases. In fact, judges determine custody by taking into account the “best interests of the child” as opposed to a parent’s desires. This means that fathers have an equal right to gain custody of their children.
Legally, Your Child Can Refuse Visitation at Age 18
When your child reaches 18, he or she is an adult. Adults can decide who they spend time with. You will not be able to force your child to continue to see you. A family law court will no longer be able to enforce any possession or visitation clauses over an adult.
The child’s age, gender, characteristics and background will all be a factor in the decision process. The judge or magistrate will want to ensure that the child is safe from any possible harm and the parent has the ability to meet the child’s needs.
Virginia courts will allow relocation of a custodial parent with the child only if the custodial parent can prove that the relocation will be in the child’s best interests. Note that the test is whether relocation is in the child’s best interests, not whether it is in the custodial parent’s best interests.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
If you are the parent wishing to relocate and you do not receive permission from the other parent to do so you will need to make an application to the Family Court to obtain permission to take the children.