Legal Question in Family Law in Virginia
visitation
My exhusband has filed charges against me stating that for all of 2003, he only visited with our 6 yr old on average once a month. He's lying. He visits with him every other weekend. He's filed these charges out of anger, b/c I'm taking him to court for nonpayment of child support. I've kept calendars of his visitation every since we separated/divorced - I never threw these calendars away (thank goodness). Will this be enough proof to show that these allegations are false? I even installed a secondary line in my son's room so that he(ex)could call our son whenever he wanted. I've offered him the opportunity to see our son whenever (not just on prescribed weekends), but he's never taken the opportunity to do so. I've never, ever tried to keep him away from his son. Our relationship had been friendly before all of this. What can I do? If the court believes his lies, can I be found in contempt for not withholding to the divorce degree and thrown in jail? It seem like it's my word against his, but he may be believed cause he filed the charges. Pls advise. Thanks you.
1 Answer from Attorneys
Re: visitation
The fact that your ex-husband may have filed the "charges" means little; he will need to bring credible proof to convince the judge that this is not merely his way of retaliating against you for the child support matter.
Your calendars should help considerably in disproving your former husband's allegations.
And any other evidence you can muster such as the testimony of friends or relatives who may have witnessed his visitations(or even their affidavits if they cannot personally appear)could also prove very valuable to your defense.
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