Legal Question in Family Law in Virginia
Custody, Overnight Visitors
My separation agreement was incorporated into my divorce decree (final Aug. 2005); it clearly states each parent is to have no overnight visitors while the child is with either parent. My ex only has my 4 year old daughter approx. 4 nights per month, and breaks the agreement almost every night she is there. My daughter spends more time with his dad's ''girlfriend'' than her dad as it is, and this upsets her. I had sole legal and physical custody, but agreed to joint legal (I kept primary physical) with him when he wept during mediation about ''wanting to be a part of his daughter's life''. Can I do anything to enforce this? ie, go to court and attempt to take away overnight vistitation? Should I pursue sole legal custody again, and what are my chances of getting it? I have full documentation of the time he has spent with her vs. the time I've spent with her as well as evidence from a PI that backs up all of my claims.
(My current atty. does not want to do this as we live in a small community, but I will happily hire an outside atty. if I have a chance to improve my daughter's emotional well-being.)
Thank you.
1 Answer from Attorneys
Re: Custody, Overnight Visitors
If he is in violation of a court order, you can file a petition for rule to show cause why he should not be held in contempt of the court's order. You also want to make sure that you have strict proof of what is occurring, as it is unlikely he will readily admit to it when asked by the court. As for sole custody, I highly doubt that a court would grant you sole custody based on this action alone, but that would depend on how egregious his behavior is. More likely would be a further restriction of his visitation rights.
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