Legal Question in Family Law in Virginia

When can a child decide about visitation? My daughter who is 14 contacted her father about her summer visitation. She currently goes for 7 weeks from July 5-August 23rd. She asked him about being able to cut it back to 4 weeks. She is going into high school and would like to be more active in sports. All of our other children (me and my husband) are Very active in soccer. She wants to try out for travel soccer and cheerleading. They both require summer participation. She is not asking to not go at all, however reduce the number of weeks she does go.

I could understand if he was father of the year and spent time with her. He does not take vacation time at all in the summer, nor Spring breal, nor Christmas break. However he takes his vacation when she is not there.

For example she went for Christmas break. She arrived there on Friday the Dec 17th, Mon, Tues and Wednesday-He and his wife worked those days and their other children had to still go to school, Her options were to go to work with the Step-Mother or stay home alone. I think someone should have stayed with her/taken vacation days! The she babysat 2 evenings while there, so they could go out to a bar. And 2 other days, she went over to a friend of theirs house, who has a daughter her age. So she spent the night at someones house she didnt know well, and someone they met, who works at the bar they frequent.

He completly ignored her email and told me he would dicuss it with her when she came at Spring break, Huh??

I live in North Carolina and he lives in PWC VIrginia. Our case has always been there. I have Physical custody since October 2000, and joint legal. We have not had our Custody/Visitation modified since I believe Jan 2004.

This is not something I am asking for. It is 100% my daughter. I feel what she wants is being ignored. I need help.

I am willing to file a petition to modify custody if there is a chance she will be heard.

Thanks in advance for your time and help.


Asked on 1/11/11, 11:32 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, you could file a petition/motion in behalf of your daughter to modify the current order governing visitation but you should bear in mind that merely because your daughter is supposedly "100" behind this request, in no way means or even remotely implies that the court is going to grant it.

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Answered on 1/16/11, 12:10 pm


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