Legal Question in Family Law in Virginia

difference in custody arrangements

how many nights per calendar year does a child stay overnight with the absent parent and it changes the custody title from sole to split to share. the absent parent wants every other weekend from friday evening to monday morning and wednesday overnight. will this arrangement change the type of custody. i now have temp sole custody and i feel confident due to the evidence to be presented that this temp custody will become permant. The prior agreement was a shared one with each parent having every other week but due to material circumstance of changes and other court violations, i was awarded temp sole custody until a final hearing in the upcoming months. The absent parent also feels that this temp arrangement will become permanant in the final hearing. The courts have agreed that we dont get along well enough to co-parent. i have asked for sole custody with visitation rights of everyother weekend and 2.5 hours on wednesdays. which is the way it is temporarily. i dont want to change the custody and lose sole custody so before i agree to the overnight stay on sunday nights and wednesday nights i want to make sure it doesnt change the custody. the child is already staying overning every other friday and saturday.


Asked on 6/04/08, 11:42 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: difference in custody arrangements

Any agreement which you may make with the other parent regarding visitation arrangemens will in no way alter the current temporary custody order of the court which has jurisdiction over the matter.

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Answered on 6/04/08, 3:28 pm


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