Legal Question in Family Law in Virginia
The father of my child just admitted to me in two weeks he will be quiting his job and begin working under the table but would not give anymore details. He is behind in support already just started 2 months ago and ge is 2 months behind. He also is with holding his contact information (cell phone) from me the only way to reach him is thru his job which he is about to quit. We are going to court on the 4th he wants visitation in his home which I have allowed him to come to my home and he does not attend. He has not seen her in almost 2 months. I do not let him take her because of her age, he does not have a crib or other necessities, and he has a drug history. I got him admitting everything on tape and he knew I was recording so my question is can I bring all of this up during our visitation hearing or will it hurt my case? I plan to request a home visit and a drug test prior to allowing visitation outside of my home.
1 Answer from Attorneys
Yes, if you are opposed to having this father's visitation take place in his home, then at the appropriate time (when it's your turn to speak) you could make your objection known to the court and the reasons for your opposition which you've mentioned which if the father denies, you could then ask the court for permission to introduce into evidence for your case the audio recordings, making sure that the judge understands that these recordings were made with the father's knowledge and apparently without his objection.