Legal Question in Family Law in Virginia
Visitation
I was divorced in 2006, our separation agreement was merged into our divorce decree. Last year my ex had our daughter for her birthday and in the agreement it states ''Holiday visitation with both children will alternate as follows: Husband will have children on Xmas, Easter, and Thanksgiving in 2006. Wife will have children on Halloween, independence day, birthdays and New years in 2006.'' Now the wording doesn't give him birthdays. Her birthday is on a monday and he is already having her party on Sat. He had her last year on her b-day. Am i legally obligated to let her stay over on Monday? Her b-day is 8/20, so if someone could answer quickly that would be great (my lawyer hasn't returned my phone call yet).
2 Answers from Attorneys
Re: Visitation
Not if the order specifies that you're
to have the child on her birthday in this particular alternate year.
Re: Visitation
Work it out with him. Let him know that you want to be fair and you want him to be fair. You may be surprised.