Legal Question in Family Law in Virginia

Appeal of visitation order
Temporary custody has been establised with visitation originally being supervised 3 days per week, then unsupervised, on an emergency hearing, the respondent came in with a request to take the infant (under 2) out of state for 5 days after not having the child overnight for 6 months. Judge granted an overnight weekend to be evaluated prior to trip (in 3 wks)and is considering the visit. Can we appeal the judges decision if allowed and for the time being prevent this out of state extended visit? Father has been required to have a phyco-evaluaion for attempted suicides and uses drugs and alcohol. The respondents mother use to work within the county in the legal field but now lives where the respondent wishes to take the child. We feel there is favoritism on the part of the entire system. Can we request a change in courts if we feel they are being prejudicial due to this?

Asked on 5/07/04, 10:29 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Appeal of visitation order

You could certainly request a change of venue but it would not be granted for the reasons which you've cited.

If the visitation order is adverse to your wishes you will be able to appeal it within the applicable time frames.

Answered on 5/08/04, 11:40 am

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