Legal Question in Family Law in Virginia

Re: Father's visitation after 6 years

If you can provide proof to the court that dad is a child abuser, there is very little likelyhood that dad will be given visitation rights without someone supervising the visitation. His record of lack of contact is also against him. Whether he is given supervised visitation rights or not, he will be required to pay child support when the courts hear the case. The amount of support will be determined on the amount of his gross (not after-tax) income and your gross income, plus the costs for health insurance for your son and the costs of having someone care for him during the time you work. The income of your or his spouse, if any, will not be considered.

Re: Father's visitation after 6 years

I don't blame you for being concerned. First, visitation is usually liberally granted. However, his conviction of an offense which amounts to child abuse is a very serious hurdle he will have to leap. Just on the facts you have given me, I would strongly argue that he have no visitation, but be prepared that he MAY receive supervised visitation.

The fact that he never paid child support, his conviction, and his abandonment of the child for the last 5 years strongly works in your favor.

However, keep in mind that he may sing a song and dance a dance of "I'm so much better now. I've changed my evil ways. That was then, this is now, and I want to establish a relationship with my child." I've seen it more times then I care to remember and sometimes it works, sometimes it doesn't.

Has he actually petitioned the court for visitation? If not, AND IF YOU CAN AFFORD TO CONTINUE TO RAISE THIS CHILD WITHOUT SUPPORT FROM HIM, then DO NOTHING. He isn't entitled to visitation until he actually asks a court for it. So don't poke a sleeping tiger. Leave well enough alone, continue to deny visitation, and if he wants it bad enough let him file the petition, you can then hire an attorney to protect you and your child. However, keep in mind that you are legally not entitled to child support until you ask the court for it. So, if your primary concern is avoiding visitation don't petition for support because the court will then address the visitation issue.

Also, the longer you deny him visitation (because he hasn't petitioned the court for it) the better it is for your case because you can show a long history of no contact and no relationship. He is a stranger to your child. The longer that continues the better it will be in court.

Good luck to you!