Legal Question in Family Law in Virginia
Visitation and Parental Alienation Syndrome
My husband has 3 children: 11,13,16. He was divorced in VA and the kids live there. He moved to SC when we married 12/01. His X interprets ''reasonable visitation'' as a couple of hours at her house, in her presence, twice a month. Last year, we wanted to get the kids for a week and she said ''I don't think so''.
We wrote last month telling her we planned to have the kids here one week in the summer and one week at Christmas. We also asked for the names/addresses of the schools so we could get school info. She left a very angry and insulting voice mail on our phone. The next time he talked to the 16 yr old, the kid angrily told him that he had no rights because he didn't have custody.
She refers to my husband as ''your worthless, no good father''. The kids have repeated things she has said about their dad like ''Mommy says you are sick in the head and just need a little help''. We are 600 miles away and she says we can see them a couple of hours twice a month. Since we can't do that, she tells them that their dad doesn't love them. Needless to say, they are becoming hostile to him.
What are our options? (BTW, he pays $250/wk support plus medical insurance.)
1 Answer from Attorneys
Re: Visitation and Parental Alienation Syndrome
Your options are to file a petition for visitation in the Juvenile and Domestic relations court in the county where the kids live.
The court can give you a more reasonable, specific visitation schedule as long as it finds that it is in the children's best interest to visit with their father. Mom denying visitation just because she feels like it won't cut it in court.
I hope this helps. You need to discuss your case with an attorney and he or she can advise you of the procedure involved and what sort of visitation you could expect to receive in court. Good luck to you. And start documenting his requests for visitation to her in writing!!!!
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