Legal Question in Family Law in Virginia

Absent father

My wife has a minor son from a previous marriage whom she has primary physical custody. His father has visitation every other weekend but chooses to spend the time for himself rather than with his son. The child is picked up and brought back to our home by the ex's girlfriend, never seeing his father at all. The father has been pleaded with to use this time with his son, but refuses resulting in constant disappointment and many tears. This situation has persisted for years. Is this considered abuse, and is it sufficient to revoke visitations legally?


Asked on 2/11/07, 10:31 pm

1 Answer from Attorneys
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: Absent father

You could attempt to modify the visitation schedule as it now stands based upon a change of circumstances (his disinterest in visiting) and the best interest of the child. However, you should be aware that courts are very reluctant to remove visitation altogether unless to do so is in the child's best interest.

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Answered on 2/12/07, 11:46 pm


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