Legal Question in Family Law in Virginia
My husband and I live in Va. A year ago today my husband was awarded full physical custody of his 3 children with 50/50 legal custody. The childrens mom has mental issues and it was stated on the court order that should her condition worsen, my husband can hold her visitation. The judge made it clear that if my husband exercises this right it had better be for a good reason. The order also states that at christmas my husband and his ex are to share the children, one parent gets the children for the week of christmas one year and the other parent gets the same for the next year. Christmas is the only holiday that is mentioned at all. My husbands ex says she should get the children every holiday, every other year. (She gets them for halloween this year he gets them next year ect.) The court order says she gets the children two weekends a month, (Fri. @ 6p.m.- Sun. @ 6p.m.)but she rarely gets them for longer than 24hrs. on her given weekend. My husband recently had to call the police in order to get her to let their son go @ his school orientation. She had shown up and held her son (11yrs. old) by his arm so that she could "inform" him of his rights to not change schools to be in the proper district for our home. (My husband had arranged for the child to finish the previous year at the school he was attending when my husband was awarded custody) My husband had notified his ex 3 months in advance of the change in schools. She waited until the last minute to show up and torment her son for whatever reason. I have two questions: 1.) She has recently had a hearing for disability benefits for bipolar disorder, it looks to be in her favor that she will win. Will that be good reason to say her condition has worsened, along with her actions at the school orientation. 2.) Should my husband allow her to take the children (11yrs. 5yrs. and 4yrs. old) for halloween and other holidays as she states are "her rights?" Any help you can offer would be greatly appreciated. Thank you
2 Answers from Attorneys
1. Possibly.
2. That is up to him to decide, after consultation with an attorney.
This is a very sad situation and it will be extremely important to remember the best interests of the children (which are more important than the opinons and interests of the adults) at all times and especially in deciding what to do here. It is not an easy decision.
Good luck.
A diagnosis of bipolarity in and of itself is not a basis for withholding parental visitation irrespective of what it may indicate as to the parent's overall mental condition.
The one incident described involving school orientation would be unlikely to be regarded as a justifiable basis for withholding visitation(in my opinion).
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