Legal Question in Family Law in Virginia
My daughter lost primary physical custody last month of her 3-year-old daughter. Judge granted such to child's father. (Her hair follicle was dirty for cocaine and pot and his was clean. She subsequently provided a clean screening that was completed 2 weeks before the hearing. ) Judge ordered my daughter to have supervised visitation every other weekend and to undergo substance abuse treatment. Judge also added, "Do not even think about coming back to amend the supervised visitation until you have 1 year of sobriety..with evidence." Once my daughter completed her intake eval with the substance abuse provider, he indicated that while she's made some very poor choices, she does not have a significant substance abuse problem and that she should complete the program (3 months) and then file a motion to amend the supervised visitation. My question: Was the judge able to order my daughter not come back before a year to file the motion to amend? Many thanks.
1 Answer from Attorneys
Without reviewing this order I couldn't offer an opinion.