Legal Question in Family Law in Virginia
Reguarding living arrangements
My daughter is 4 years of age, and has asthma and various allergies. I have full legal rights and am the custodial parent.
She is due to visit her father for 2 months this summer.
I have recently seen for the first time the house she lives in when with him. It is cluttered to the point of pathways being needed to walk in house. Dust rises from surfaces just from walking past them. Dirt is everywhere.
She sleeps in the front room on a couch near a wood burning stove and all this described dust and stuff, due to the spare room being too cluttered to use the space.
She is not permitted to be outdoors because of the trash in the yard.
This house has been this way for 5 years at least, I have discovered, to say nothing of the manner in which she is treated while visiting by her father and stepmother. Is this an ok living situation, and if not what may I do about it?
1 Answer from Attorneys
Re: Reguarding living arrangements
If the current custody order permits the father the two months visit you could seek a modification of the same. This would need to based upon a change of circumstances (condition of premises) and that it is in the best interest of the child that visitation occur in a safe, clean environment. While it is doubtful that visitation could be prevented based upon the facts as described, you may be able to establish that limits need to be placed on such visitation.
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