Legal Question in Family Law in Virginia

Violating visitation order, can I have it amended?

My ex (never married) and I have one child, age 2 years. In the past 3 months, he has been canceling visitation or keeping the child longer than the court order states. He has left the state and given no contact number in case of emergency. I was told that if he violates this order, I can take him to court and have the visitation schedule amended. Is this true? I have sole physical custody and we have joint legal custody. Since he shows little regard and respect for the order of the court, what chance would I have to gain sole legal custody as well?


Asked on 7/10/03, 2:56 pm

2 Answers from Attorneys
Wayne Comer Wayne E. Comer, Esquire

Re: Violating visitation order, can I have it amended?

If father gets to the point where he is chronically in violation of the terms of visitation, etc., I have no doubt that you could

amend the Order to terminate visitation temporarily or permanently. This would have no effect, at least not legally on his duty of child support. And this assumes that you will have competent representation. The process may be quite expensive. If the child custody is not

already in the JDR Court, it should be remanded

to that Court which can more effectively deal with such issue.

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Answered on 7/10/03, 4:58 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Violating visitation order, can I have it amended?

It would be difficult to determine your chances for full custody without having many more of the

relevant facts which relate to this particular issue.

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Answered on 7/10/03, 5:02 pm


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