Legal Question in Family Law in Virginia

Summer visitation

i am the ncp of 3kids 8,10,&12.i live in Va. i have joint custody. the question is i have court next month to have this modified.because the mother does not want to meet half way way which is in Ga. i even went as far as to flying into new orleans then renting a car to drive back 20hrs.but the mother still refuses to come and get the kids when they are in Va.now the question is can the judge modify the order to where if i come to La to get the kids does the mother have to come and get the kids. or can the judge suspend the child support for the 3 months and just allow me to fly there to pick them up and return them .and just allow the mother to bring/pick them up from the airport?


Asked on 4/08/04, 10:37 pm

2 Answers from Attorneys

Carolyn Patrick Law Office of Carolyn Patrick

Re: Summer visitation

A request to have the mother meet you half way or in the alternative suspend child support for the children is totally at the judge's discretion. Most of the judges I have dealt with are reluctant to suspend child support payments for the duration of the summer visitation. It will depend at least in part on the financial means of the mother -- the better off she is, the more likely the judge is to see that this is a reasonable solution. If she is living on the edge of poverty, you probably won't get any suspension of child support.

Regarding the sharing of transportation obligations, it will depend at least in part on who moved and why. I assume that you moved from Louisiana to Virginia. If so, some of the judges figure that, since you chose to move, you should be saddled with all the expenses/inconveniences of transporting the children back and forth.

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Answered on 4/10/04, 11:24 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Summer visitation

I have no idea. You'll have to await the ruling of the judge.(Perhaps, the mother will be able to claim hardship reasons as to why she is unable to meet you half way on this particular issue.)

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Answered on 4/08/04, 11:53 pm


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