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When Does Visitation Include Overnight Visits

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  • 11-03-2015, 08:56 AM
    Angel3168
    When Does Visitation Include Overnight Visits
    My question involves a child custody case from the State of: Virginia
    I'm asking for a friend: He has primary physical custody and joint legal custody of his two children. He has been letting his ex-wife have the children overnight two nights a week but she is now refusing to have them home in the morning at the appropriate time. In his separation agreement her visitation rights say she can have them two days a week but does not specify overnight. Is he within his right to refuse to let them stay overnight? He is planning on taking her back to court to get the separation agreement modified to be more specific for this and also for their holiday visitation but he would like to know his rights until that process is done. Than you
  • 11-03-2015, 09:13 AM
    Ohiogal
    Re: When Does Visitation Include Overnight Visits
    He needs to follow the court order. Are you his girlfriend?
  • 11-03-2015, 09:26 AM
    llworking
    Re: When Does Visitation Include Overnight Visits
    Quote:

    Quoting Angel3168
    View Post
    My question involves a child custody case from the State of: Virginia
    I'm asking for a friend: He has primary physical custody and joint legal custody of his two children. He has been letting his ex-wife have the children overnight two nights a week but she is now refusing to have them home in the morning at the appropriate time. In his separation agreement her visitation rights say she can have them two days a week but does not specify overnight. Is he within his right to refuse to let them stay overnight? He is planning on taking her back to court to get the separation agreement modified to be more specific for this and also for their holiday visitation but he would like to know his rights until that process is done. Than you

    He really needs to be asking his questions himself, but the wording of the section regarding visitation is really very important. It would be odd for mom to not be allowed any overnights so unless the language is very specific on that subject, he is probably NOT within his right to refuse to let them stay overnight.

    Who decides what is the appropriate time they should be returned in the morning?
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