Legal Question in Family Law in Virginia
Child going to FL for part of summer
I have an 11 year old daughter, am divorced from her father, have sole physical custody and joint legal custody. She has been going to FL to my Mom's for part of the summer for the past 4 years. This helps from keeping her in daycare all summer plus the expense of as well as seeing family down there. I called my ex this morning to let him know when she was leaving & offered more visitation beforehand. He has said she will not be going because it will take away from his visitations. He currently sees her every other weekend and she will be gone for 5 weeks. Can he stop her from going? This is not amicable at all, he is not rational and communication between is nil to none.
2 Answers from Attorneys
Re: Child going to FL for part of summer
If there is a visitation order in place stating that he has every other weekend, that makes no mention of the weeks spent in Fla., then he is entitled to visit your child at such time. Any change in the schedule, as ordered by the court, would have to come from either the court or voluntarily with the father.
Re: Child going to FL for part of summer
If your daughter's proposed Florida visit interferes with the visitation which the court order now permits the father to have with his daughter, he would then have a basis to bring the matter before the court, alleging violation of the court's order and perhaps the imposition of sanctions against the alleged violator( you).
Consequently, it would seem then that the better course would be negotiation and settlement of this issue between the two of you rather than leaving it up to the court.
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