Legal Question in Family Law in Virginia
The parents share joint legal custody with the mother being the custodial parent. The mother has issue with the father's visitation schedule as outlined in the order. For example, she will plan a trip when the father (per the order) has the child for Thanksgiving and get angry when the father will not give up his visitation. The child will turn 14 in March 2011. The mother is saying she will go to court and have the child say that he does not want to visit his father. Questions are--will the child speak to the judge directly or will the judge listen to the mother's version alone and can the mother file the petition to change visitation now or does she have to wait until the child has actually turned 14 to file the paperwork with the court?
1 Answer from Attorneys
Whether the judge will listen only to the mother or the child or both regarding the issue will be up to the judge.
The mother could motion the court on the issue of visitation at anytime she pleases but if there hasn't been a material change in the circumstances surrounding this issue since the last order was entered, chances are that her motion will be denied.
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