Legal Question in Family Law in Virginia

No court ordered visitation

My son's father and I have joint legal custody while I have full physical custody in the state of Virginia and we do not have court ordered vistation. I do mind my son seeing his father. The issue I have is that his father wants to have over night. My son is almost nine months old. The father soes not know how to feed him off a spoon or change his clothes. He does not have bottles for him, clothes that are his size, room in his vechlie for him and I would have to supply the car seat for my son's father to take him. Do I have to allow him to have his son overnight?


Asked on 4/28/08, 9:36 am

1 Answer from Attorneys

Re: No court ordered visitation

I am not sure what you mean by "full physical custody." If either party has an issue with visitatin, he/she can petition the court to establish a visitation schedule. Understand that your efforts to encourage a relationship between your child and your spouse will be taken into consideration.

Perhaps it would make sense to offer some advice to your husband, so he might one day effectively exercise overnight visitation? Provide him with a list of things he must purchase for the child's care, show him how to feed/change/dress the child.

Most importantly, regardless of the visitation order ultimately entered, you have no obligation to turn your child over for visitation if you reasonably believe the child would be placed in harm's way. I prefer that a judge tell you that your fears are unreasonable over your child being hurt.

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Answered on 4/28/08, 2:43 pm


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