Legal Question in Family Law in Virginia

My ex and I have a 12 and 9 yr old. We have joint legal custody, and I have primary physical custody. The children have lived/went to school with me since the divorce. Visitation is 3 weekends per month, 4 weeks in the summer and Wed night dinners. We are also good about adjusting schedules as work or school needs it. I recently got a full time job that is 11pm-7am 5 nights a week. I have arranged my schedule so that during the week I would only have to arrange child care (current husband/stepdad is working in another state) 2-3 days during the week, and then work the weekends. My ex is throwing a fit saying he doesn't want a babysitter sitting with the kids during the night. First right of refusal isn't stipulated in the custody agreement, and he is refusing to discuss this with our court ordered family therapist. Does he have any legal grounds to take me to court based on this?

Asked on 9/25/09, 11:59 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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Of course, he could file a Rule to Show Cause against you, but given the fact that he has refused to discuss the matter with the family therapist and the ages of the children involved(who arguably might not even require a sitter under these circumstances), the rule would likely be dismissed(in my opinion).

Answered on 10/01/09, 7:26 am

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