Legal Question in Family Law in Virginia

child visitation rights

My daughter has physical custody of her 4 year old daughter. The child's father, after two years of sporatic contact with the child (and my daughter's re-marriage), recently took my daughter to Court to obtain regular scheduled visitation and legal custody. Besides the every other weekend routine, he is to have her for three weeks during the summer. He wants to take her to Illinois. Can he take her out of state without the mother's permission? What Virginia Statute would cover this issue? Thank you.


Asked on 1/17/01, 10:54 pm

1 Answer from Attorneys
Michael Wilson Michael T. Wilson, Attorney and Counselor at Law

Re: child visitation rights

There is no specific statute addressing this issue. It would be under the continuuing jurisdiction of the Juvenile and Domestic Relations Court. Most judges would permit the visitation after proper notice to the custodial parent and the court unless ther were some aggravating factor that would indicate the visit would not be in the child's best interest. The best thing to do is to obtain counsel and let counsel examine all aspects of the situation and make appropriate provisions.

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Answered on 2/13/01, 9:17 am


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