Legal Question in Family Law in Virginia
Cohabitation
My wife and I have been separated for 1 month. We have shared custody of my 5 year old but primary residence is with me. She is living with another woman and her daughter in a small cottage. My wife sleeps with her new boyfriend on the couch, when my son visits overnight. I told her this is not in the best interest for my son, she continues anyway. What are my options to prevent this?
1 Answer from Attorneys
Re: Cohabitation
These types of cases are very difficult. The courts are generally very relunctant to restrict/regulate visitation. Nonetheless you could always petition the Juvenile & Domestic Relations Court to restrict visitation to those nights when her boyfriend is not present. This would prevent her from exposing your son to her sleeping on the couch with her boyfriend.
I can appreciate that this must be very frustrating to you. Initially, at least threaten her that you will take her to court to prevent any all visitation while the boyfriend is present. If that doesn't work you'll have to file for a hearing.
If I can be of help, do not hesitate to call my VA office at 703-968-3974.
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