Legal Question in Family Law in Virginia
Child doesn't want visitation.
I am a father who has ''primary physical custody'' (legal joint custody) of my 10 year old daughter. After an extended summer period with her mother, my daughter doesn't want to go see her mother as the bi-monthly visitations and mid-week dinners resume. Last week she hung up the phone on ''Mom.'' Is refering to her mother as ''crazy'' and ''nuts''. Last mid-wwek dinner, the 10 year old refused to get out of the car to go for the visitation. I have listened to the childs opinions, feelings and concerns and they are legitimate. Mother is not budging on insisting on regular visitation, refuses to allow counselling for child. My attorney says that I have to have the child go to visitation or risk ''mom'' filing for change of custody claiming refusal of visitation. Other than granting me as primary custodian, court has done nothing in the past to stop ''mom''' behavior. HELP. I'm trying to look out for my child but feel like my hands are tied.
Child wants change of visitation schedule. child has limited times with friends and activities due to excessive visitation. (7 weeks in summer, every other week-end, and 3 hours mid-week dinner after an hour and a half ride eachway)
3 Answers from Attorneys
Re: Child doesn't want visitation.
Your attorney, who knows far more than I who just read your post, is in a far better position to judge what is appropriate in you case.
Having said that, I can say that courts in Fairfax are not at all likely to take into consideration a report of the custodial parent that the 10 year old child does not want to maintain the present visitation schedule. Nor are judges likely to ask or even permit a young child to testify to what that child wants. Instead, judges want the parents to work out these things, with an eye to each recognizing that a child need two parents, unless there is proof presented that one of the parents is no fit to participate in the child's life.
Re: Child doesn't want visitation.
"Child wants change of visitation schedule", you claim? It's unlikely that the court having jurisdiction over this matter would agree to have its judgment on this issue substituted for that of a 10 year old.
Re: Child doesn't want visitation.
It has been my experience that courts may consider the wishes of a child. A court, however, is not required to adhere to the wishes of a child. It has also been my experience that the non-custodial parent be required to get the child to all regularly scheduled activities such as piano lessons or sports activities. Every other weekend and one evening a week is not "excessive" to most situations and in fact, courts generally encourage more interaction with the non-custodial parent. If your child, in your opinion, would benefit from counseling or psychological therapy, you should schedule this appointment.
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