Legal Question in Family Law in Virginia
custody visitation rights
I have joint custody with my exwife. I am in the military and have to go to Georgia for 4 months for school due to my promotion. It states in our custody papers that my miliatary duties cannot affect my visitation with my children, but it is not clear if that means for a short period of time or official placement in another state/city. I told my ex about this school months ago and explained that I didn't want to go without seeing the kids for 4 months and she said she understood. Now that it's time for me to go to school, she's saying that it says no where in the court papers that she has to allow the kids to see me. There was a specific meeting point set and written in the court papers, but those were changed by us due to the fact she moved. I agreed to this change. Now that I am trying to create a new meeting point for us to meet while I'm in Georgia she says she's not allowing me to see them while I'm there. I know that she is doing this now because I'm already stationed in Georgia, and she knows that me going to court while I'm there will be difficult. Should I take her back to court and if so, how do I fight this? Also, can she in fact tell me that I cannot see them while I'm away eventhough I have joing custody?
1 Answer from Attorneys
Re: custody visitation rights
No, better forget about court action for the time being as it would likely take more than four months for such to occur. You still should be able to see your children during this time by prescheduling a time to visit with them in Virginia and taking a quick flight back to DC from Georgia. (Your wife will need to make them available for this type of visit or she could be found in contempt.)
The cost of your round trip airfare should still be less than the likely costs involved in trying to resolve this particular issue through litigation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
