Legal Question in Family Law in Virginia
child visitation arangements
my ex and I have been seperated for over a year. We have a property and a child custody agreement...of course he hasn't signed it yet..but in the agreement he is to get the children at 5:00 on fridays. Every weekend he comes up with an excuse for why it can't be done and when I try to tell him the kids are his responsibilty and he has to make arangements he threatens to ''turn this divorce ugly'' what do i do when he acts like such a JA!
2 Answers from Attorneys
Re: child visitation arangements
Unfortunately (in my view) visitation is regarded more of a right than a responsibility. The tendancy of the courts in reacting to a visitation scheme that is not being followed by the non-custodial parent is to threaten to or actually limit visitation, rather than sanctioning the non-custodial parent for not exercising visitation.
His not exercising visitation could be used to request increased child support, since his not living up to his responsibilities increases your responsibilities and costs.
Re: child visitation arangements
No, you have no agreement yet but rather merely a proposed PSA(Property Settlement Agreement)which obviously this person who is also apparently still your husband doesn't seem to take very seriously.
It may be time to start formalizing this proposed agreement into an enforceable court order with sanctions possible for the party who violates it.
See what your lawyer has to say about this idea.
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