Legal Question in Family Law in Virginia
Visitation
I have custody of my 12 year old son and reside in VA.My Ex resides in UAE.We have been divorced since 2001(In India)and since then both myself and my ex are remarried.Since 2001 he has been visiting my son in VA recently my ex sent me a petition for formalisation of visitation according to VA laws. I have no objection to this except that he wants to take my son out of VA when he visits.(Which so far I have not allowed)The reasons that I do not wish him to leave VA is 1.I am afraid he may somehow leave the country. 2. We had a violent marriage and my son is afraid of him. I have checked with some attorneys and one told me that it is possible that he may try to smuggle the child out of the country(My Ex has a canadian greencard)and that he has had a few such cses. Another lawyer says this is not possible without passport.I am very worried. What chances do I have of making the judge understand? Are my fears of him leaving the country justified? How is it that my Ex can have such a right even when he is not a US resident?
Thanks so much for any help in this matter.
1 Answer from Attorneys
Re: Visitation
Changes in the law now require that both parents must approve a juvenile's application for a passport in order for the State Department to issue one to their child.
You would likely be better off not consenting to the visitation terms proposed by your former husband unless you've first consulted with an attorney and there's basic agreement that at least they're not demonstrably adverse to your intersts in the matter.
If for any reason you have not been able to have such a consultation with an attorney before the scheduled hearing on the matter or are not represented by such, you would be better advised to just proceed with the hearing before a judge of the Juvenile & Domestic Realtions District Court at which you can let the court know of your major concerns regarding your ex husband's proposed terms of visitation and then let the court decide as to what's in the child's best interests in regard to this issue.
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