Jump to content
Pauravi

Shared legal, sole physical custody, visitation question

Recommended Posts

My child is 8 years old and is required per divorce decree to visit the ex's home every other week after school until 5.30pm (weekdays) and every other weekend stay from Friday pm through till Sunday 5.30pm. She hates staying over out of her own home. My ex is bipolar diagnosed, not actively involved in upbringing of the child, works in his father's business and has had previously been laid off by different employer, since he does not work efficiently,  had bankruptcy filed against him and his parents have bailed him out in the past. Moreover when my child visits him he does not do anything per say as the role of the visiting father since his parents (child/s grandparents) baby sit the child, take her to few places (not of my child's interest) but to Hindu religious classes run by these grandparents.

So my question is does the child really have to be tortured to visit the ex esp if he himself is NOT doing the role of the father while the baby sitting grandparents are doing the role of the parent when visiting the ex. He does nto take any medicine for his condition and keeps calling the attorney over petly matters, the bill of which is paid by the grand father. Essentially without the grandparents he will not even want to pick up the child for visitation. They use my child as a toy to play with during visitation, the grandmother is emotional drama herself. Is there anyway I can get back to court to amend the visitation schedule to further modify to limit the visitations during summer months or fewer weekend every few months at this age of the child, At what age the child can have a legal say on the wish to NOT visit the father so frequently? Is it 12 years, hae read it somewhere on the website? if so what documentations will I need to gather in the interim until the child is that legal age.    

Share this post


Link to post
Share on other sites
16 hours ago, Pauravi said:

does the child really have to be tortured to visit the ex

 

As long as the divorce decree requires visitation and your ex wants to exercise his right to visitation, then yes, you must require your child to visit with her father.  If you don't like it, you're free to petition the court to modify the divorce decree.  We have no way of predicting whether you could do so successfully.

 

 

16 hours ago, Pauravi said:

At what age the child can have a legal say on the wish to NOT visit the father so frequently? Is it 12 years, hae read it somewhere on the website?

 

I can't speak specifically about Virginia, but most courts will consider a child's preference once the child turns 12 or so.  However, the weight that the court will give to the child's preference depends on the reason(s) for the preference and the child's demonstrated level of maturity.  The child does not get final say until age 18.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...