Legal Question in Family Law in Virginia
Out of state visitation
My step-kids mother moved about six mths ago across country, we have physical custody. The court ordered visitation has been set for every other weekend, based on her living here. There is not a order for out of state visitation. The oldest child is 15 and would like to work during the summer months, and the two younger have asked to participate in summer athletics and music activities. The childrens mother has asked us to send them for a mth in the summer, the kids will not be able to participate in any of the activities that they have asked to do. We understand the kids need to see their mother, but the feel as though they are being punished for her leaving. Would it be appropriate to ask her to come back here to visit (she is a teacher and has the summers off) so the kids could continue with their lives and see her ?
2 Answers from Attorneys
Re: Out of state visitation
Yes, it would be quite appropriate to ask this mother to more or less align her visitation schedule with what the court order for visitation currently requires until that order is changed, perhaps, to terms which she might find more accommodating with respect to her new residence across the country.
Re: Out of state visitation
I think if I were sitting in judgment of the question, critical would be how long everyone had to make plans once they knew mother was going to be "across country." The children might always want to stay in one place all summer and have summer long activities.
If this is the first year, work something out with her. Transition is equally important. Everyone's lives have been disrupted and this is an inescapable fact. A possible comprimise might be to have them go for at least a week maybe ten days and then arrange for her to spend some time back at thier home state. Since she put the distance between them voluntarily, I would say she should bear the brunt of the expenses.
Good luck.
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