Legal Question in Family Law in Virginia
visitation of non custotial parent
what rights does a non custotial parent have when they have a thirty year old conviction of 2 counts of indecent liberties with children. 18.2-370(3) 19.2-300 19.2-301 as far as visitation with 11 year old of the opposite sex. if child does not wish to be alone with them.
1 Answer from Attorneys
Re: visitation of non custotial parent
If the matter of the visitation has been before a court of proper jurisdiction, then it will be up to the judge to decide what visitation may be warranted for the father of this child. The judge will closely examine the facts with particular regard to what has occurred in the intervening years since the father was last charged and convicted. If there have been no untoward events in regard to the father's conduct with respect to small children, then the judge may decide that the 30 year old conviction should have no bearing whatsoever on the father's right to have visitation rights with his child in this year of 2006 A.D.
If there is no court order involved with the visitation issue then it will be up to the person having sole physcial custody of the child to decide this matter.
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