Child Visitation, Legitimation and Paternity

When couples obtain a divorce in the state of Virginia and child custody is either arranged by the father and mother or resolved by the court, any mother or father that isn’t going to get custody is likely to be granted child visitation rights. Although it is legally feasible for a court to deny visitation rights to a father or mother in the commonwealth of Virginia, it is quite rare. On the other hand, you will find times when the court could temporarily stop visitation until the mother or father takes a specified action, like making a child support payment.


Anytime unmarried adults have a child or children, Virginia law states the child belongs to the mother. The partners can mutually consent to the particulars of visitation rights, however if you have a disagreement and the mother questions the paternity of the man claiming to be the father of the child, he has to confirm his paternity. The court may well come to a decision that a sufficient amount of proof was provided to confirm 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 mother or father on their own. The law says that those who have a “legitimate interest” in the child or children may have a right to seek visitation rights. This can be traditionally applied to grandparents, but it can also be extended to other members of the family, which include stepparents. Consequently grandparents along with other relations have legal recourse should the custodial parent fails to voluntarily allow visitation.


Fathers and mothers have to be able to spend time with their children, and the right to visitation is going to be taken rather seriously by the courts. Even parents who’ve been suspected or found guilty of some form of physical or mental abuse tend to be provided the opportunity for monitored visitation. Non-custodial fathers and mothers continue to be parents, and it’s in the best interest of the children to help maintain a close relationship with each of their parents. Most married couples who happen to be dealing a divorce case realize this and react appropriately. But when there is any dispute, the legal system is in position to make sure that the legal rights of both parents will be protected and also the well-being of the children is suitably addressed.


Child visitation, legitimation and paternity issues should always be attended to with a knowledgeable Norfolk divorce lawyer with you. The best divorce attorney Norfolk Virginia will assist you with such aspects of a Norfolk VA divorce.

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