Legal Question in Family Law in Virginia
Child Custody
I have a 2 year old daughter that lives with me. Her father and I were never married. I breast-fed my daughter for the first year so her father and I agreed that once she was weaned from the breast he would take her for the entire weekend. So for the first year he would get her for 1 night during the weekend. After that first year, we agreed that he would pick her up every other weekend, which he hasn't been doing. He picks her up once a month or once every other month. He's never expressed an interest to take or go with me to her doctor's appointments or meet her babysitter. I have tried to make him understand that we need a set schedule of every other weekend so he can know his daughter and we both can agree on what times and weekends he will have her. He either doesn't call to pick her up or changes the times at the last minute. He hasn't seen our daughter since June and it is now September. He hasn't called. I recd papers from the court for custody/visitation. B/c of the circumstances I would like to have sole (legal & physical) custody of her and for him to see her every other weekend and holidays. Does this sound reasonable? We go to mediation next week.
1 Answer from Attorneys
Re: Child Custody
Make your points to the mediator (who is not going to decide the case -- his job is to try to get the two of you to agree to a compromise, and if you can't, the matter will go to a judge to decide.) His inattention for the past several months is not a factor in his favor.