Child Visitation, Legitimation and Paternity in Norfolk Virginia
Norfolk VA Divorce Lawyers – Family Law Attorneys
When couples get a divorce in Virginia and child custody is either agreed upon by the parents or decided by the court, the parent who does not have custody is very likely to be awarded child visitation rights. Though it is legally possible for the court to deny the right to visitation to a parent in the commonwealth of Virginia, this is very rare. However, there are times when the court will temporarily block visitation until the parent takes a particular action, such as making a child support payment.
When unmarried couples have a child or children, Virginia law states that the child belongs to the mother. The couple can mutually agree to the details of visitation, but if there is a dispute and the mother questions the paternity of the man claiming to be the father of the child, he must establish his paternity. The court can decide that sufficient evidence has been presented to prove paternity, and DNA testing can be used to prove or disprove paternity in the commonwealth of Virginia.
In Virginia, visitation rights are not limited to the non-custodial parent alone. The law states that anyone who has a “legitimate interest” in the child or children has a right to seek visitation rights. This is commonly applied to grandparents, but it can also be extended to other family members, including stepparents. So grandparents and other relatives do have legal recourse if the custodial parent does not voluntarily allow visitation.
Parents need to be able to spend time with their children, and the right to visitation is taken very seriously by the courts. Even parents who have been suspected or found guilty of some form of abuse are usually offered the opportunity for supervised visitation. Non-custodial parents are still parents, and it is in the best interest of the children to maintain a close relationship with both of their parents. Most couples who are going through a divorce recognize this and act accordingly. But when there is a dispute, the legal system is in place to make sure that the rights of both parents are enforced and the well being of the children is being properly addressed.
