Legal Question in Family Law in Virginia

Getting Some Visitation

This response to your posting is not considered to be the giving of legal advice or the establishment of an attorney-client relationship. Competent legal advice can only be given upon a fuller knowledge of the facts than your posting contained and, in this office, the attorney-client relationship is only undertaken upon the execution of a written fee agreement and the payment of the agreed upon retainer.

My experience has been that, if a court order provided for visitation as agreed to by the parties, and no agreement has been reached over the course of several years, it is time for you to petition the J&DR Court for specified visitation. Whether the court awards you the kind of visitation that you want depends on the facts of your case. Your posting suggested that there was some allegation of child abuse. The mere fact that a military agency found you not guilty of such an offense is not binding on any state agency. Also, if the "not guilty" finding were in a criminal proceeding where the burden of proof is high (beyond a reasonable doubt), that may not mean that there was not enough evidence to justify a civil finding of abuse or neglect (much like the OJ Simpson case, in which he was found not criminally responsible, but nevertheless civilly responsible.)

My suggestion is that you contact the J&DR Court Services Unit in your part of the Commonwealth and, if you are not successful there, hire competent legal counsel.