Legal Question in Family Law in Virginia

Setting up visitation rights

My fiancee had a child with his ex-wife. The child is now 4. Through the divorce he obtained a child support order, but no visitation order was arranged. His ex-wife has alotted him 1 hour once a week to see his daughter, usually at a fast food restaurant and he can not take his daughter anywhere. His ex has recently remarried and has not allowed him to see or speak to his daughter for 3 weeks! She states that she wants him to give up full rights to his daughter. In lieu of this, he has set a date to meet with a court employee to get a visitation order requested. Is there anything else he can do to make sure she doesn't take his child from him?


Asked on 1/05/07, 12:38 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Setting up visitation rights

No, just get the amended visitation order. There may be a problem, however, for your fiancee to do this on his own if the circuit court which entered his final decree of divorce still retains jurisdiction over the matters of support, custody, and visitation. (If this is the case, he should take the matter up with the attorney who hopefully represented him in the divorce about reopening the divorce in order to transfer the matters involving custody, support, and visitation to the Juvenile & Domestic Relations District Court.)

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Answered on 1/06/07, 11:30 am


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