Legal Question in Family Law in Virginia

Father doesn't want daughter to come visit

My daughter's father and i live about three hours apart. Through mediation we reached a visitation agreement back in may of this year. Last saturday, after my daughter and i left his house, he called and left a message on my home voicemail (12 minutes after we'd left) advising the visits were not benefitting him and i no longer has to bring her up there to see him. At this point, do i need to make any legal modifications to the agreement so as not not be in violation of the order or do i just not press the issue and honor his wishes and not take her there anymore?


Asked on 9/30/06, 8:34 pm

1 Answer from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Father doesn't want daughter to come visit

I have ethical problems with a man who decides "its not working out" about being a parent. Your child will certainly suffer from such a loss. Fix the man. But if that is impossible, here's what you do.

You must get his decision in writing signed by him. This will justify you following his wishes now. You must also immediately file a Motion to Amend the prior court Order in the courthouse where the old Order came from. You state the reason as father wishes to discontinue visitation. Before the Court date you can have a lawyer draw up a Consent Order giving him no stated visitation. Let it read "at the discretion of the mother" so that if he ever comes to his senses you can be the one who decides if it is in your child's best interests. If both of you sign such a Consent Order, the Judge will sign it in advance of the Court date and no hearing is necessary. If not you all show up and tell the judge that's what you want.

Some people are better off without bad parents. If he needs time to recover from a bad time for him, fine. Maintain his obligation to pay you child support. It is the least he can do for a child he created. Better yet, kick him in the head to clear the cobwebs.

Good luck.

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Answered on 9/30/06, 11:46 pm


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