Can a parent refuse to allow visitation if child support is not paid?
No. A parent cannot refuse or cut-back visitation between the child and the other parent if that parent has not paid child support. Child support and visitation are completely different issues. In fact, under Virginia Code Section 20-108, intentional withholding of visitation without a sufficient reason may constitute a material change in circumstance justifying change of custody.
What are the grounds for divorce in Virginia?
Virginia law offers both no-fault and fault grounds for divorce. No-fault divorce is based on the parties being separated for a period of one year or more (or six months if the parties do not have any minor children and have a fully signed separation agreement). Fault grounds include adultery, cruelty, desertion, and incarceration for felony of more than one year. For more information see our General Guide to Virginia Divorce Law.
When can my child decide which parent to live with?
A child's preference is only one of many factors the court looks at when deciding custody issues. Therefore, just because a child may want to live with one parent, does not mean that the court will award custody to that parent. The court considers numerous factors, including the preference of the child, to decide custody.