Parenting Time Lawyer Virginia, VA
You are a parent in Virginia, and your time with your child has been cut short. The other parent is not following the court-ordered schedule. Each missed weekend chips away at your relationship, and you start to wonder whether the legal system can actually help. You need an attorney who understands that parenting time is not just a calendar entry—it is the foundation of your bond with your child. Law Offices Of SRIS, P.C. Concentrates its family law practice on helping parents protect their court-ordered time. Reach our firm at (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Strategy Options for Parenting Time Disputes
When parenting time is withheld, parents in Virginia have several paths forward. Mr. Sris and his Of Counsel first assess whether informal resolution—through direct communication or mediated negotiation—can restore compliance. If the other parent remains uncooperative, the next step is often a motion to enforce the existing court order. Virginia courts take parenting time violations seriously because they directly affect the child’s stability and the non‑custodial parent’s rights.
In more complex cases, a parent may seek a modification of the parenting plan or request a show‑cause hearing to hold the other parent in contempt. The approach depends on the specific facts: the frequency and severity of the violations, the child’s age and preferences (if the child is old enough to express a thoughtful preference), and whether the withholding parent has a colorable reason for the refusal. Mr. Sris and his Of Counsel prepare each matter as though it will go to a hearing, even when the goal is a negotiated resolution.
What to Expect When You Involve a Parenting Time Lawyer
Once you engage our firm, Mr. Sris and his Of Counsel gather the existing custody and visitation orders, your parenting‑time journal, and any communication with the other parent. We identify the specific provisions that have been violated and advise you on the documentation that will be most useful to the court.
If a motion to enforce is appropriate, we draft and file it in the proper Virginia court—either the Juvenile and Domestic Relations District Court (for custody and visitation matters) or the Circuit Court (if the parenting time issue arises within a pending divorce). The court will schedule a hearing; the timeline depends on the court’s calendar and the urgency of the situation. At the hearing, Mr. Sris and his Of Counsel present the evidence that supports your position and argue for the remedies the law provides, such as make‑up parenting time, modification of the schedule, or an award of attorney fees.
Remedies and Enforcement of Parenting Time Orders
Virginia courts have a range of tools to address parenting time violations. A judge may order the non‑complying parent to provide additional makeup time, revise the parenting plan to reduce the likelihood of future interference, or hold the parent in contempt. Contempt can carry fines or, in egregious cases, even a jail sentence. The court may also award attorney fees to the parent who had to bring the enforcement action.
Beyond formal enforcement, a motion to modify custody may be appropriate if the other parent’s behavior demonstrates a pattern of undermining the child’s relationship with you. Under Virginia law, the trusted‑interest factors at Va. Code § 20‑124.3 guide the court’s decision. Mr. Sris and his Of Counsel work to frame the violations within the context of those statutory factors so the judge sees how the interference is harming the child.
Attorney Credentials
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team brings experience in family law litigation across Virginia. Together, Mr. Sris and his Of Counsel have documented case results across all practice areas since 1997. Results may vary.
Conversational Questions Parents Ask About Parenting Time
Can I withhold parenting time if the other parent is not paying child support?
No. Child support and parenting time are separate legal obligations in Virginia. Withholding visitation because of unpaid support can place you in violation of the court order and could be used against you in any later custody proceeding. The proper response is to file a motion to enforce the support order, not to interfere with the child’s relationship with the other parent.
What does “reasonable parenting time” mean in Virginia?
Virginia law does not define a specific number of days that is “reasonable.” The phrase is often used when a parent has a less structured schedule, but the court expects that parenting time will be frequent and meaningful. If the schedule is unclear, our firm can help you seek a more detailed order that specifies days, times, and holiday arrangements so that both parents know what is expected.
How do I prove the other parent is violating the parenting time order?
Keep a written log of each violation, noting the date, time, and circumstances. Save emails, text messages, and voicemails that show the other parent’s refusal. A contemporaneous record of missed visits and any excuses offered by the other parent is powerful evidence. Our firm can help you organize that evidence and draft a sworn statement for the court.
Can a teenager decide they don’t want to go to the other parent’s house?
A child’s preference is one of the statutory best‑interest factors under Va. Code § 20‑124.3, but the court is not bound by the child’s wishes. A judge will also consider the child’s maturity and whether the preference is informed by genuine concerns or by pressure from the other parent. When a teen resists visitation, our firm can seek court guidance or help family members consider counseling to address the underlying issues.
What happens at a show‑cause hearing for parenting time violations?
The parent accused of violating the order must appear and explain why they should not be held in contempt. The judge will review the evidence presented by both sides. If the court finds a willful violation, it may impose sanctions, order makeup parenting time, or modify the visitation schedule. The hearing is your opportunity to demonstrate that the violation was deliberate and that the child’s best interests are served by the court’s intervention.
Do I really need a lawyer for a parenting time issue?
You may proceed without counsel, but parenting time enforcement involves procedural rules and evidentiary standards that are difficult for a pro se parent to navigate. An experienced family law attorney can present your case in the light most favorable to your goals and avoid missteps that could weaken your position. Law Offices Of SRIS, P.C. offers consultations to help you understand your options. Call (888) 437-7747 to schedule.
Virginia Parenting Time Lawyer Near You
Mr. Sris and his Of Counsel appear in courts across Virginia. The firm’s Fairfax location serves clients throughout the Commonwealth. By appointment only. Call (888) 437-7747 to arrange a consultation.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
(888) 437-7747
Related local pages:
Fairfax County Family Law Lawyer |
Richmond Family Law Lawyer |
Virginia Beach Family Law Lawyer |
Arlington County Family Law Lawyer
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.