Legal Question in Family Law in Virginia

Frustration of visitation and dictating my time with children

My ex wife occupies my every other weekend visitation w/my sons in activities. She enrolls them then tells me where I am to be every weekend. Activities have increased since I remarried I have no time to do other family activities w/my boys. I hired a lawyer 2 yrs ago and offered to participate in sports for 6 mo. of the year to have 6 mo of weekend time undictated. I never got to go in front of a judge and my attorney allowed her attorney to take the increase in child support but,I did not get my undictated time w/the boys. I received a letter from her attorney indicating that I have not been following the visitation order which is bogus. Can the courts demand that I have to do what she tells me w/the boys on my time all the time? There is also a communication issue. Can they force me to talk to this person multiple times per week like she wants? Her lawyer is threatening to convict me for contempt of court over these simple issues. I just want to be able to do other things with my boys. My child support is current and paid on time every month. Would a judge actually hear a case regarding my ex forcing me to do what she wants with our boys and forcing me to communicate w/her numerous times a week?


Asked on 8/31/03, 1:50 pm

2 Answers from Attorneys

Scott Nolan The Law Offices of Scott C. Nolan

Re: Frustration of visitation and dictating my time with children

An accurate and complete answer would require knowing the content of the court's orders to you.

However, a few general truths might be helpful. It is unlikely that a court will find that your wife cannot set up activities (such as sports, scouting, camp and other normal childhood activities) which may require your occasional attendance. However, if it really is nearly every weekend, a court may find that to be excessive. Depends on the situation, and you need to consult an attorney.

As for communication with your ex, there is no specific amount of time which a court will find to be the right amount. Whatever amount of time is necessary to adequately raise and care for your children is the 'right' amount. Some children might require parental consultation every few days. Others, particularly older children, might not.

Good luck,

Read more
Answered on 9/02/03, 12:06 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Frustration of visitation and dictating my time with children

Ther is no way, Sir, to respond credibly to your questions without reviewing the relevant order(s) in your case, and having further information regarding the context in which this(these order(s) was(were) entered.

Read more
Answered on 8/31/03, 11:44 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia