Legal Question in Family Law in Virginia

my rights

i am paying child support to my ex girl friend who has my son. she only lets me see him twice a week and never lets me take him to my house even for a couple of hours. i really want to be more in my sones life but she wont let me is there anything i can do is there any kinda rights i have where she can say anything.


Asked on 8/03/06, 9:27 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: my rights

Yes, you can petition the J&DRDC(Juvenile Court)in your locality for visitation privileges which the mother will have to abide by or, perhaps, suffer some consequences.

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Answered on 8/03/06, 9:37 am
James Wilson James H. Wilson, Jr., Attorney & Counsellor at Law

Re: my rights

You should consult with a Virginia lawyer to discuss the application of the law to the facts of your particular situation. The following is general legal information on the factors a judge will consider when deciding a custody or visitation case. Your obligation to pay child support is not dependent upon the amount of visitation you have.

� 20-124.3. Best interests of the child; visitation. � In determining best interests of a child for purposes of determining custody or visitation arrangements including any pendente lite orders pursuant to � 20-103, the court shall consider the following:

1. The age and physical and mental condition of the child, giving due consideration to the child's changing developmental needs;

2. The age and physical and mental condition of each parent;

3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child's life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child;

4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members;

5. The role that each parent has played and will play in the future, in the upbringing and care of the child;

6. The propensity of each parent to actively support the child's contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;

7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;

8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;

9. Any history of family abuse as that term is defined in � 16.1-228. If the court finds such a history, the court may disregard the factors in subdivision 6; and

10. Such other factors as the court deems necessary and proper to the determination.

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Answered on 8/03/06, 9:53 am


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