Legal Question in Family Law in Virginia
Child Visitation
If my child's father doesn't show up to his visitation on time and not complying with court order, do i have the right to not accept him visiting his child whenever he feels like coming instead of the time that was granted to him by the court order. Visitation starts at 10am and end at 3pm. But he insists on coming at 11am or 1:15pm knowing that visitation ends at 3pm every other weekend. He feels that he can come anytime between the time 10am - 3pm, but that's not what the court orders states. I'm complying with court orders and starting visitation on time at 10am and end it at 3pm. i just want to make sure that i'm not breaking any laws, when it comes to him visiting his child.
2 Answers from Attorneys
Re: Child Visitation
The proper approach to this situation is not to deny the father visitation with his child, but after appropriate warnings, to bring the matter back before the court having jurisdiction over the matter for appropriate action
against the father if he's violated the court's order.
(You tell the clerk that you want to file a motion to Show Cause. If it's Juvenile & Domestic Relations District Court, she'll give you the papers to fill out, and, if circuit court, your attorney will need to file the motion.)
Re: Child Visitation
You are not right to restrict visitation without going through the court to do it. You will need to file an order to show cause seeking enforcement of the visitation order. You may also discuss this with an attorney, and consider mediation as this type of situation may, depending upon the parties, be settled in such manner.
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