Legal Question in Family Law in Virginia

I have 100% legal and physical custody of my daughter(age 8). the mother is currently pending a domestic violence case. (boyfriend beat her and had a miscarriage). she has visitation rights and by court order, my daughter will visit for the entire summer. mother is also, behind in child support and has no job. do i have the legal right to keep her from leaving for the summer?

Asked on 5/31/13, 8:57 am

Michael Hendrickson Law Office Michael E. Hendrickson

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No, you most certainly DO NOT. You are proposing that you be allowed to

arrogate to yourself a determination which must be properly decided only by the court rather than by you.

Furthermore, FYI, whether an obligor is behind in his or her child support and may or may not have gainful employment, and possibly, is the victim of

domestic violence, none of these considerations--even if true--confer upon the

custodial parent the right to withhold or curtail the noncustodial parent's visitation with the subject child which has been ORDERED by the court.

Answered on 5/31/13, 9:16 am

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