Virginia Custody Visitation Schedules for Kinship Caregivers

When a grandparent or relative gets custody of a child in Virginia, the biological parents usually retain the right to visitation. The custody order defines when, where, and under what conditions that contact happens. Getting the schedule right matters — both for the child's stability and your peace of mind.

How Visitation Is Decided

The JDR judge sets the visitation schedule as part of the custody order, guided by the ten best-interest factors in Virginia Code § 20-124.3. The court considers the child's age, the parent's relationship with the child, the parent's living situation, and any safety concerns.

If both parties agree on a schedule, the judge will typically enter it as a consent order. If you cannot agree, the judge decides after hearing from both sides and any Guardian ad Litem appointed in the case.

Common Visitation Arrangements

Virginia does not prescribe a one-size-fits-all schedule. Arrangements vary widely based on the circumstances:

Standard visitation might include alternating weekends (Friday evening to Sunday evening), one weekday evening per week, alternating holidays, and two to four weeks in summer. This works when the parent is stable, employed, and living independently.

Limited or graduated visitation starts with shorter, more frequent visits — a few hours on a Saturday, for example — and expands over time as the parent demonstrates consistency. Courts often use this when a parent is newly in recovery or recently released from incarceration.

Supervised visitation requires a third party to be present during visits. The court may order this when there are concerns about substance abuse, domestic violence, or the parent's ability to care for the child safely. Supervision can be provided by a family member, a social worker, or through a supervised visitation center.

No visitation may be ordered when the court finds that frequent contact with a parent is not appropriate in the child's best interests. The court considers the facts and statutory factors in § 20-124.3; the statutes set no separate "extreme cases" threshold.

Proposing a Schedule

When you file for custody, think through what visitation arrangement you believe serves the child's best interests. Be specific:

• Which days and times
• Where exchanges happen (a public location can reduce conflict)
• How holidays and school breaks are divided
• Transportation responsibilities
• Communication rules (phone calls, video calls between visits)

The more concrete your proposal, the more seriously the judge takes it. Vague requests like "reasonable visitation" leave everything to the court's discretion — and the result may not match what you expected.

When a Parent Violates the Schedule

If a parent consistently misses visits, shows up late, returns the child in distress, or violates specific conditions (like the prohibition on substance use during visits), document every incident. Written notes with dates, times, and details are more persuasive than general complaints.

You can petition the court for a modification of the visitation schedule based on these violations, showing a material change in circumstances and that the current arrangement no longer serves the child's best interests.

Protecting the Child's Routine

Children in kinship care have often already experienced major disruptions. A predictable visitation schedule provides structure. When proposing or negotiating a schedule, prioritize the child's school attendance, medical appointments, and extracurricular activities over the parent's convenience.

Our Virginia Guardianship and Custody Court Process Guide includes guidance on building a visitation proposal and organizing the evidence you need for the hearing — whether you are seeking supervised contact or a standard schedule.

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