Legal Question in Family Law in Virginia
summer visitation
My daughter's ex will have the children for 5 weeks in the summer. The children are in t-ball, girlscouts, brownies, and one in the band at school. When the children go to their dad's house for the 5 weeks he said he will not take them to their ball games, let them go to the brownie-girl scout camp, or band practice. Everything is paid for [by the mother] and was started when the school year began. The father makes up excuses of why the kids cant go. He is only hurting the kids. He lives about 25 miles from where the mom and kids live. What can she do?
1 Answer from Attorneys
Re: summer visitation
This must be extremely frustrating. As you know, he's only hurting the kids. Truthfully, the only thing you can do is to file either an original petition for custody (if a court has not awarded her support) in which she requests that the courts respect the schedules of the children and to request that the courts not award visitation to Dad inconsistent with the children's schedule.
If a visitation award has already been granted to Dad then the only thing you can do is to petition to modify the order based on a material change of circumstances. You could argue that his failure to respect the children's activities is a material change in circumstances and adversely affects the children.
I'm heartened that as a grandparent you take such an interest. Good job!
If you have any question, please do not hesitate to contact my MD office at 301-652-0663 or 703-968-3964. Good luck!
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