Legal Question in Family Law in Virginia
Is it difficult to redo a mediated agreement?
By way of mediation, I have Sole Physical Custody and Joint Legal custody of my daughter. Weekend visits with her father will not begin for at least another month or two. How difficult will it be to amend the orginal agreement or request sole legal custody? He pays court-ordered child support as well as provides medical coverage and will visit on occasion, but not the extent of the agreement we made. He also does not take part in voluntarily caring for her basic needs (making bottles, changing diapers, etc...)
Recently a babysitting incident has made me cautious of his concern for her safety when I advised him that upon picking her up from daycare, no one over the age of 15 was present in the house. This was an incident that led me to pull her. His response-he didn't see anything wrong with the incident. (The babysitter is a friend of his and our daughter is only 4 months old).
I anticipate moving within the next four months to a location that is about 3 hours away and would like to do so with no loose ends. I comprehend I have to make my daughter available for visits, but do not foresee effective communication taking place between us. Do I have any recourse at this point?
1 Answer from Attorneys
Re: Is it difficult to redo a mediated agreement?
Q: Redo a mediated agreement?
A: A mediated agreement is entered by a Judge and becomes a Court Order so the only way to change it is by a Motion to Amend the prior court Order. You will have to file a Motion to change the Order. You and he can agree on the changes or you can schedule a hearing with the Clerk to have the Judge decide.
You want sole legal custody. This is natural if you live too far away to coparent or if the parent shows a lack of responsibility in decision making for the child.
Sole legal custody would bar the father from having any influence over decision making for the child. He still has constitutional rights of input and information. From what you say he doesn't take meximum advantage of either of those things now.
The current statute requires you to give the Court and the Father 30 days notice before you change your address. This allows the father to schedule a hearing either asking the Judge to prevent the child from leaving his immediate locality or by rearranging the schedule to accomodate the distance.
Your case will not be easy if he takes a significant part in the child's life. It becomes easier the farther away he is from that ideal.
As always hire a competent attorney.
Good luck.
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