Legal Question in Family Law in Virginia
defintion of day
The Code of Vairginia cites the following definition
(c) Definition of--name removed--day. For the purposes of this section, ''day'' means--name removed--period of twenty-four hours; however, where the parent who has the fewer number of overnight periods during the year has an overnight period with--name removed--child, but has physical custody of the shared child for less than twenty-four hours during such overnight period, there is--name removed--presumption that each parent shall be allocated one-half of--name removed--day of custody for that period.
Is it true or possible that this definition of ''day'' can be interpreted to mean that parent with the fewer number of overnight periods does not get credit for full day that runs the same routine course as the parent with the greater number of overnight periods? Technically the parent with greater leaves for work in the morning and does not see their child again until the following evening of the next day.
1 Answer from Attorneys
Re: defintion of day
If in fact this a real problem with real consequences with regard to the curtailment of your visitation periods with your child(ren)over the course of time, then you should arrange to discuss the matter with either your former attorney(if you had one)or another attorney knowledgeable in regard to family law matters.
Attempting to answer your question as posed without having copies of the actual court orders in your case as well as any other relevant materials, would be a fruitless exercise.