Legal Question in Family Law in Virginia
Pendente Lite Order
I have a Pendente Lite Order from 3 years ago. In that order it is stated that neither party can have any overnight (opposite sex) guests. He has had another woman and her 3 children living with him for 2 years now, so has not exercised his visitation with our daughter except to come and see her for a few hours every 4 or 5 months. Our daughter is 15. He now wants her to come and visit for a few days during her Christmas holiday. His living arrangement remains the same by his own admission. There is no legal separation. Please advise as to what we should do.
1 Answer from Attorneys
Re: Pendente Lite Order
Does the court order give him the right to the visitation he is requesting (separate and apart from the issue of the woman spending the night)? In other words if the woman were not spending the night does he have the right to that visitation in the court order? If not, simply refuse to allow the visit. If the court order does allow it then you could petition the court for a change in visitation based on the woman spending the night, however, keep in mind that you are going to have to prove to the court that she is actually spending the night. How do you know she is spending the night. Have the children witnessed it? Have you witnessed it?
Of course you could always just deny the visitation without going to court but keep in mind that he could call the police and they will enforce the court order should he be permitted to that visitation in the order. He could also bring you back into court for contempt should you continue to deny him visitation. Only you could determine whether it is worth it to deny the visitation. You know him, it may be that he wouldn't even bother to enforce his rights if you refused since he doesn't visit with the child that much anyway.