Legal Question in Family Law in Virginia

Restricting mother's visitation

Recently, my husband and I gained custody of his daughter. She sees her mother every weekend. We get a call just about every weekend from the mother to come and get the daughter because she is ''acting out''. This behavior happens no where else except her mother's house. My husband and I are concerned that someone is going to get hurt. Is it legally possible to restrict the mother's visitation's to once a month? My husband and I cannot go anywhere on the weekends because we are afraid we will get a call. Mother is also calling and harrassing husband with profanity when she can't get in touch with him right away. She has been classified as borderline personality as well, if that helps us at all. Thanks.

Asked on 3/07/05, 2:41 pm

2 Answers from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Restricting mother's visitation

Of course it's possible for the court having jurisdiction over the matter to restrict the mother's visitation to once a month, but, I'm afraid without more persuasive facts to make the case for such restriction other than merely your generalized fears, a court would be unlikely to curtail the mother's visitation with her daughter to just once per month.

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3/07/05, 4:00 pm
Fred Kaufman Fredrick S. Kaufman, Esquire
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Re: Restricting mother's visitation

You would want to file a Motion to Amend the prior Order seeking to restrict mother for the reasons you articulate. Your reasons are valid.

Good luck

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3/07/05, 4:09 pm

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