Legal Question in Family Law in Virginia

Visitation Agreement

I have joint custody with the father of my child. Recently there has been some domestic violence issue in the relationship. Also we have an agreement infront of the judge when he is to keep our child. There has been several occasion where he has not kept our child leaving me to miss work. Now he has filed for visitation rights. Could he actually get visitation rights if I have proof of all the domestic violence and harrassment he has caused.


Asked on 7/27/04, 4:58 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Visitation Agreement

If the judge decides that it's in the best interest of your child that his or her father have visitation, then the father will have visitation.

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Answered on 7/27/04, 5:59 pm
Lisa Lane McDevitt McDevitt Law Office

Re: Visitation Agreement

This is difficult to answer in short reply. If you can prove, and I mean really PROVE, the domestic violence (i.e. he's been arrested or other credible evidence) then any agreement (I take it you've entered into an agreement for joint custody because of the title of your question??) is out the window. Your agreement means NOTHING. If you can show a material change in circumstance (and domestic violence will qualify) then the judge will always have the right to change the terms of your agreement until the child reaches the age of majority.

Why is he filing for visitation when you have an agreement, have you been denying him visitation? If so, you need to challenge his visitation suit with credible evidence that continued visitation with the child is not in the best interest of your child/ren.

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Answered on 7/27/04, 9:10 pm


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