Legal Question in Family Law in Virginia
visitation
I have a daughter that lives with her mother. We have joint custody of her and I pay child support every week. Since I have started school sometimes I am late with my child support payments. So now my ex won't let me get my daughter and it is court ordered for me to get her every Saturday and Sunday. What can I do?
2 Answers from Attorneys
Re: visitation
While you will not be in a very sympathetic position being behind on child support, your child's mother is still in contempt of court if she is violating the visitation Order. File a Show Cause motion against her in the Court that issued the Visitation Order. She may do that to you based on the non payment of support but they should have nothing to do with each other.
My advice pay up and haul her to Court to explain how withholding your child from you is in that child's best interests.
Good luck.
Re: visitation
Inform your wife that unless she immediately allows for resumption of the court-ordered visitation schedule, you will have no alternative but to file for a Show Cause Rule to have her brought before the court to answer for her violation of the court's order and for possible sanctions if she's held in contempt.
Then make sure that you follow through with this recommendation in the event that she ignores your warning.