Legal Question in Family Law in Virginia
Visitation Mid-week
What is the law/statute/opinion governing split visitation during the school week? Situation: Kid begins kindergarten in the fall. Visitation is currently Mon&Tues nites. Mom wants to change to every other weekend, as he is a restaraunt manager. Mom wants no overnite visitation to interupt kid's school week; says it is detrimental to kid's sucess in school. Parents have joint custody, but mom is custodial parent. No divorce nor separation decree spells out visitation, but for the words ''liberal visitation.''
2 Answers from Attorneys
Re: Visitation Mid-week
The statutes that apply are found in Chapter 6.1 of Title 20 of the Virginia Code.
The bottom line is what visitation schedule is in the child's best interest.
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Re: Visitation Mid-week
Here is the problem. You mentioned that your court order for visitation simply says "reasonable visitation". That leaves it pretty much up to the mother to decide what is reasonable unless you take her back to court and petition the court for a more specific visitation schedule. I would advise you to do that only because you may run into trouble in the future with Summer vacation, etc. You should have a court order that gives you at least every other weekend, alternating holidays, and a couple of weeks in the Summer, and perhaps nights during the week. Question...do you live in the same school district as the mother? If your geographical distance is close and you agree to drop the child off to school in the morning then she should not be refusing overnight visits. Unfortunately she has all the power right now, unless you take her to court for a court order with a more specific visitation schedule.
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