Legal Question in Family Law in Virginia
custody, visitation, n support
I currently live in the state of Va the father of my child lives in Fl, I have sole custody & visitation at my sole discretion due to my daughter's special needs she is in the process of being possibly dx with cerebral palsy & has therapy weekly for this.. her father has recently decided that he wants to be involved in her life however to him that means he wants her 6 months out of the year. This to me doesnt seem reasonable @ all my child should not change therapists every 6 months this will delay her care and cause me to loose our spots @ the dr offices here (in my state PT for children is norm about a 4 month waiting list to start with). I want to allow my child time with ehr father however I do not feel that this would be in our daughters besyt interest I was wondering what the likely hood of me maintaining sole custody w me determining visitation is? He also wants to try and agree on a financial amout to be paid monthly and I am worried that if I do that the state will not be able to enforce our agreement through wadge withholdings, & he wont pay me. can the state enforce an agreed upon order? also we were talking about me moving to fl as well. what state would have juristiction then?
1 Answer from Attorneys
Re: custody, visitation, n support
Given the facts you outline, it is highly unlikely he will get more than some sort of visitation that's appropriate to the distance separating you. That's likely to be two weeks in the summer and school vacations. The court will apply the standard of what's in the best interest of the child, and your facts are compelling for retaining custody.
The visitation can be worked out between the two of you, or can be litigated in court; likewise, the support can be determined by agreement or by a court.
Support is determined by a formula which looks at your gross income, his gross income, the cost of day care of your child necessary to allow you to work, the cost of health insurance for your child and who pays that cost, and how uninsured medical costs are to be dealt with.
If your sole custody was based on a Virginia order, Virginia has jurisdiction now. If you, your child and your ex all live in Florida when the matter is heard, Virginia would probably decline jurisdiction in favor of Florida.
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