---
title: "Denied Visitation? Visitation Rights in Virginia and Fairfax"
description: "Other parent won't let you see your child? How visitation rights work in Virginia, enforcing an order in Fairfax J&DR court, and grandparent visits."
url: "https://firstpointlaw.com/solutions/denied-visitation"
---

Family guide

# My Child's Other Parent Won't Let Me See My Child

Being kept from your child is painful, and it can be hard to know where to start. This page explains what Virginia law generally allows when there is a visitation order and when there is not. It also covers how Fairfax J&DR court cases begin, safety concerns and grandparent visits.

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- Fairfax and Northern Virginia courts

## Some time limits are short

If a child who lived in Virginia has moved to another state, Virginia can generally make a first custody or visitation decision only if the case is filed within six months and a parent still lives here. A final J&DR order can generally be appealed within 10 days. If a child is in immediate danger, call 911.

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## At a glance

- With a court order, a Virginia court can enforce visitation through a show cause motion and may change custody.
- Without an order, neither parent has a legal advantage, and the usual step is a petition in J&DR court.
- Child support and visitation are separate: unpaid support doesn't justify keeping a child away, or the reverse.
- Grandparents can ask for visitation, but the bar is higher when a fit parent objects.

## If There Is a Court Order and It Isn't Being Followed

A custody or visitation order binds both parents. If the other parent is not following the schedule, Virginia courts have ways to enforce it. What usually helps most is a clear record and a calm, lawful response.

### Keep a Calm Written Record

A record made at the time is often more useful than memory. Many parents keep a simple log with:

- The date and time of each scheduled visit or exchange, and what happened.
- Any reason the other parent gave, in their own words.
- Texts, emails and app messages, saved with their dates.
- Missed calls, and any changes both parents agreed to in writing.

It also matters that messages stay short, polite and about the child. A judge may read them later.

### Avoid Taking Matters Into Your Own Hands

When visits are being denied, it can be tempting to respond in kind. These responses generally do not count as remedies, and some can be violations of their own:

- Keeping the child past your scheduled time, or picking the child up from school when it is not your time.
- Stopping child support payments.
- Arguing with the other parent in front of the child, or asking the child to choose.

The same rules apply to both parents. A parent who breaks the order, even in response, can face the same enforcement tools described below.

### Asking the Court to Enforce the Order

The court keeps continuing authority to enforce its custody and visitation orders. That includes punishing a willful violation as contempt of court (§ 20-124.2(E)). Most custody and visitation cases are handled in the Juvenile and Domestic Relations District Court (J&DR court). There, a parent can file a Motion for Show Cause Summons or Capias (form DC-635) under § 16.1-292. A "show cause" summons requires the other parent to come to court and explain why the order was not followed. A capias is an order to bring the person before the court.

If the court finds the order was not followed, it has several tools (§ 16.1-278.16). It can make the additional orders needed to enforce the schedule. For willful violations, possible consequences include fines or jail. A knowing, intentional and significant violation of a custody or visitation order can also be a crime (§ 18.2-49.1).

Virginia custody and visitation orders must also require 30 days' advance written notice before a parent moves (§ 20-124.5).

### Asking the Court to Change the Order

Sometimes the more useful path is a new order. A court will change custody or visitation only after a "material change of circumstances" since the last order. The change must also serve the child. Under § 20-108, intentionally withholding visitation without just cause may itself be a material change that justifies changing custody. Whether that applies depends on the facts and on the judge's discretion.

In Fairfax, a request to change an existing order starts with a new petition, and an intake officer can help prepare it. If the last order came from a J&DR court and no divorce is pending, the request is filed in that same court.

### If Your Order Is From Another State

An order from another state can be registered in a Virginia J&DR court, with or without a request to enforce it (§ 20-146.26, form DC-582). In some cases, a Virginia court can also issue a temporary order enforcing another state's visitation schedule (§ 20-146.25).

## If There Is No Court Order Yet

Without an order, there is usually nothing for a court to enforce. The general way forward is to ask the J&DR court for a custody or visitation order.

### Both Parents Start on Equal Footing

Until a court decides, neither parent has a legal advantage over the other. Section 20-124.2(B) says that "as between the parents, there shall be no presumption or inference of law in favor of either." Virginia's natural guardian law, § 64.2-1700 (formerly numbered § 31-1), gives parents equal legal powers and rights, though its wording speaks of parents who live together.

Each parent, with or without custody, also generally keeps access to the child's school, health and child care records. A court can limit that for good cause, and health records have a narrow exception (§ 20-124.6).

### Unmarried Parents and Parentage

When the parents were not married, the legal parent and child relationship may need to be established, before or along with the visitation case. In Virginia this is usually called paternity. It can be established by a sworn acknowledgment signed by both parents, by genetic testing, or by a court order (§ 20-49.1). A parent can ask the J&DR court to decide parentage (§ 20-49.2). In Fairfax, paternity petitions go through the same status hearing process as custody and visitation. Our custody guide explains when Virginia presumes parentage.

### Where to File: Virginia's Six Month Home State Rule

Virginia can generally make a first custody or visitation decision only if it is the child's "home state." That usually means the child lived in Virginia with a parent for at least six consecutive months right before the case is filed (§§ 20-146.1, 20-146.12). If the child recently moved away, Virginia generally remains the home state for six months, as long as a parent still lives here. Once a Virginia court has entered an order, it generally keeps authority over it while the child or a parent still lives in Virginia (§ 20-146.13).

### How to File in Fairfax J&DR Court

In Fairfax County, custody and visitation cases usually begin with an appointment at the court's Domestic Relations intake office, at 703-246-3040. When you call, the court asks you to mention if:

- You need an interpreter.
- Another court has entered an order about the child.
- The child has not lived with you in Fairfax for the past six months.
- You don't know the other parent's address.

The Fairfax court asks people to bring:

- The completed intake sheet and the child's address history worksheet.
- The child's birth certificate or other identification, which is useful but not required.
- The $25 filing fee, payable to "Commonwealth of Virginia." A fee waiver can be requested.
- Copies of any prior orders, such as a divorce decree or protective order.
- A current address for the other parent, so they can be served with the papers.

Each child needs a separate petition. After filing, the first court date is a status hearing, and parents who disagree are generally referred to free court mediation. Our custody guide explains the status hearing, mediation, parent education and trial.

While the case is pending, either parent can ask for a temporary (pendente lite) visitation schedule. In Fairfax, a visitation motion that needs less than 30 minutes can be heard on the court's Wednesday motions docket.

## Child Support and Visitation Are Separate

Virginia law handles child support and visitation separately. Each parent has a duty to support the child, under the guidelines in § 20-108.2. Visitation is decided on the child's best interests.

So a missed support payment does not justify keeping a child from the other parent. A denied visit does not justify stopping support either. Each problem has its own remedy: support can be enforced through the court or the Division of Child Support Enforcement, and visitation through the steps above.

## When the Other Parent Raises Safety Concerns

Sometimes a parent withholds visits because of a concern about the child's safety. That concern is for the court to weigh, based on the child's best interests. A history of family abuse, child abuse or sexual abuse lets the court set aside factor 6, discussed below (§ 20-124.3, factor 9).

Courts have options short of ending contact. In Fairfax, a judge can order a family into the court's Supervised Visitation and Exchange program, called Stronger Together. Program staff monitor the visits, and exchanges happen without the parents meeting. The program is meant to be temporary, fees are set on a sliding scale, and a Fairfax County court order is required. At either parent's request, a court can also order that exchanges take place at an appropriate meeting place (§ 20-124.3).

In a Fairfax J&DR custody or visitation case, a parent who believes a child is in danger of physical or mental injury can request an emergency hearing. A judge reviews the request the same day. In cases of family abuse, a protective order can also include temporary custody or visitation (§ 16.1-279.1). Our protective order guide explains that process. If anyone is in immediate danger, call 911. Fairfax County's Child Protective Services hotline is 703-324-7400.

## Why Each Parent's Support for the Other Relationship Matters

Virginia judges must consider "the propensity of each parent to actively support the child's contact and relationship with the other parent." That includes "whether a parent has unreasonably denied the other parent access to or visitation with the child" (factor 6 in § 20-124.3). The next factor looks at each parent's ability to cooperate and resolve disputes about the child.

These factors apply to both parents equally. They are one part of a larger picture: the judge weighs all ten factors, which our custody guide explains.

## Grandparents and Other Relatives

Grandparents, stepparents, other relatives and family members can ask the J&DR court for visitation as "persons with a legitimate interest" (§§ 20-124.1, 16.1-241). The bar is higher than in a case between two parents. The court must give "due regard to the primacy of the parent-child relationship." It can award visitation to someone else only on clear and convincing evidence that this would serve the child (§ 20-124.2(B)).

Virginia's appellate courts have added a step when the dispute is between a fit parent who objects and a non-parent. In that situation, the court generally must first find that the child would suffer actual harm to health or welfare without the visits. The Court of Appeals of Virginia reviewed this line of cases in its 2025 published opinion in Williams v. Panter. The analysis can differ when the other parent supports the visits.

Since 2021, § 20-124.2(B2) has let a grandparent offer evidence that a deceased or incapacitated parent consented to visits. In Williams v. Panter, the court held that subsection unconstitutional as applied to a case where the surviving parent was fit and objected. Grandparent cases turn closely on their facts.

## How First Point Can Help

First Point Law Group has served individuals and families from Fairfax since 2004. Our family law team helps parents and relatives with custody and visitation matters in Fairfax and Northern Virginia courts. That includes enforcing or changing an existing order, and asking for one when there is none. We can review your situation, explain the options that may apply, and represent you in J&DR court or Circuit Court. Because our firm also practices immigration law, we can help when a family law matter overlaps with immigration.

Bring these to a consultation:

- Any custody, visitation, support or protective orders, from Virginia or another state.
- Your log of missed visits and exchanges.
- Texts, emails and app messages with the other parent, with their dates.
- Your child's addresses for the past five years.
- Court papers you have received, with the dates you received them.
- Any acknowledgment of paternity or other parentage records, if the parents were not married.

## Your family law team

- Lisa Benjamin Lead Attorney
- Katherine Martell Managing Partner

## Frequently Asked Questions

  Can a custodial parent deny visitation in Virginia?

When a court order sets a visitation schedule, both parents must follow it. A parent who withholds visitation without just cause can face a show cause motion and contempt (§§ 16.1-292, 20-124.2(E)), and intentional withholding may support a change of custody (§ 20-108). Without an order, there is nothing to enforce yet, so the usual step is a petition in J&DR court. A parent with a genuine safety concern can ask the court to address it.

  Is Virginia a 50/50 custody state?

No. Virginia law has no presumption in favor of any form of custody or any set schedule. The court must assure children frequent and continuing contact with both parents, when appropriate (§ 20-124.2(B)), and equal time is one possible result. Our custody guide explains how judges decide.

  How can a parent lose visitation rights?

The same rules apply to every parent. A court can limit, supervise or deny visitation when the child's best interests require it, for example after a history of family abuse or child abuse. Legal use of a lawful substance, by itself, is not a basis to restrict visitation unless other facts show it is against the child's interests (§ 20-124.2(B)). Unpaid child support does not by itself end visitation, because support has its own enforcement process.

  Do fathers have the same visitation rights as mothers in Virginia?

Yes. Virginia law gives neither parent a preference: "as between the parents, there shall be no presumption or inference of law in favor of either" (§ 20-124.2(B)). An unmarried father may need to establish paternity first, through a signed acknowledgment, genetic testing or a court order (§ 20-49.1). After that, the same best interests factors apply to both parents.

  Can a parent deny a grandparent visitation in Virginia?

Generally, fit parents decide who spends time with their child, and courts give that decision great weight. A grandparent can still petition the J&DR court as a person with a legitimate interest. When a fit parent objects, Virginia courts generally require a showing that the child would suffer actual harm without the visits, and clear and convincing evidence that visitation would serve the child. The facts matter a great deal, such as whether one parent supports the visits or a parent has died.

  How do I file for visitation rights in Virginia?

Visitation cases usually start with a petition in a Virginia J&DR court, when Virginia is the child's home state. In Fairfax, you can call the Domestic Relations intake office at 703-246-3040 for an appointment, and an intake officer can help prepare the petition. The filing fee is $25 for custody and visitation petitions filed together, and it can be waived for someone unable to pay. The Virginia courts' self-help page explains the process statewide.

  How do I file for emergency custody in Virginia?

In Fairfax J&DR court, a parent who believes a child is in danger of physical or mental injury can file a request for an emergency hearing with the clerk's office. A judge reviews it the day it is filed and schedules a hearing only if there is an emergency; otherwise the motion is denied and can be set on a regular motions docket. In cases of family abuse, a protective order can include temporary custody (§ 16.1-279.1). If a child is in immediate danger, call 911.

This guide is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case is different. To talk about yours, call (703) 385-6868 or request a consultation.

## Sources

- Code of Virginia § 20-124.2: Court-ordered custody and visitation
- Code of Virginia § 20-124.3: Custody and visitation factors
- Code of Virginia § 20-108: Changing custody and visitation orders
- Code of Virginia § 16.1-278.16: Failure to comply with custody, visitation or support orders
- Code of Virginia § 20-146.12: Initial child custody jurisdiction (home state)
- Fairfax J&DR Court: Custody, Visitation, Support
- Fairfax J&DR Court: Frequently Asked Questions (filing for custody or visitation)
- Fairfax J&DR Court: Supervised Visitation and Exchange (Stronger Together)
- Virginia Judicial System Court Self-Help: Custody, Visitation and Support
- Court of Appeals of Virginia: Williams v. Panter (2025, published opinion)

Last reviewed October 23, 2026

## Related situations

- I'm facing a custody battle How Virginia judges decide custody, where Fairfax custody cases are heard, what the first hearing looks like, and what happens after an order.
- I need a protective order How Virginia protective orders work, from emergency orders to the full hearing, and how to ask for one in Fairfax County.
- We're separating How separation works in Virginia, what a separation agreement usually covers, which terms can change, and what happens if your spouse won't sign.

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