Results 1 to 10 of 10

Hybrid View

  1. #1

    Default Custodial Parent Won't Allow Overnight Visits

    My question involves a child custody case from the State of: Virginia

    I am a 17 year old girl and my parents are currently in the midst of a divorce. There was a preliminary protective order issued against my dad and soon after, my mom was awarded sole legal and physical custody of me. On March 31st, the protective order ended and while my mom still has sole custody, the document states "(my name) and my dad will have visitation as initiated and agreed to by the minor child(me)". My dad and I take that to mean that I have complete control of how much or how little visitation time I get with my dad. There is no court ordered schedule. I want to be able to spend the weekends with my dad, since he lives in a different county and I want to stay at my high school. But, my mom won't let me spend the night at my dad's house. My dad has never assaulted me, he's a really great dad, and the only reason there was a protective order is because my mom lied and accused my dad of hitting her (I know for a fact he never has). My dad has a big beautiful house in an affluent subdivision where he lives with his girlfriend of 3 years and her four children. When I try to ask my mom why she won't let me spend the night there, she just says "because I said so. And I'm your sole custodial parent". In my interpretation of the court order, she can't do this. Can anyone help me in this situation?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Mom is Denying Overnight Visits

    It is actually up to dad to try and seek enforcement of the order ... if his interpretation (and yours) are correct.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Mom is Denying Overnight Visits

    Quote Quoting noelle.abrahams
    View Post
    My question involves a child custody case from the State of: Virginia

    I am a 17 year old girl and my parents are currently in the midst of a divorce. There was a preliminary protective order issued against my dad and soon after, my mom was awarded sole legal and physical custody of me. On March 31st, the protective order ended and while my mom still has sole custody, the document states "(my name) and my dad will have visitation as initiated and agreed to by the minor child(me)". My dad and I take that to mean that I have complete control of how much or how little visitation time I get with my dad. There is no court ordered schedule. I want to be able to spend the weekends with my dad, since he lives in a different county and I want to stay at my high school. But, my mom won't let me spend the night at my dad's house. My dad has never assaulted me, he's a really great dad, and the only reason there was a protective order is because my mom lied and accused my dad of hitting her (I know for a fact he never has). My dad has a big beautiful house in an affluent subdivision where he lives with his girlfriend of 3 years and her four children. When I try to ask my mom why she won't let me spend the night there, she just says "because I said so. And I'm your sole custodial parent". In my interpretation of the court order, she can't do this. Can anyone help me in this situation?
    How long until you turn 18? When you turn 18 it will be totally up to you to decide, as you will be a legal adult. You might not want to put your father through the extra expense of fighting that particular issue if you will be turning 18 soon.

  4. #4

    Default Re: Mom is Denying Overnight Visits

    I turn 18 about a year from now

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Mom is Denying Overnight Visits

    Quote Quoting noelle.abrahams
    View Post
    I turn 18 about a year from now
    Then it will be up to your dad to decide whether or not to push the issue.

  6. #6

    Default Re: Custodial Parent Won't Allow Overnight Visits

    I guess what I'm trying to ask is whether or not my mom is actually allowed to do this? I think if she knew it was illegal we could reach an agreement without involving the courts. But, if my dad has to take it to court, does he even have a case or is she allowed to make descisions about the visitation.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Custodial Parent Won't Allow Overnight Visits

    If your father believes that your mother is violating the court order, he can take her to court. If he chooses not to do so, he's choosing to live with your mother calling the shots, but you will be able to make the decision for yourself once you reach 18.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Custodial Parent Won't Allow Overnight Visits

    Since we cannot see the order, we cannot possibly know what it actually says. If dad feels mom is violating the order, he can take her to court and let a judge decide

  9. #9

    Default Re: Custodial Parent Won't Allow Overnight Visits

    Yeah but that's the problem - there is no order. It just says "visitation will be initiated and agreed to by the minor child". At this point I'm thinking of just walking into the courthouse and asking someone to explain it to me since I can't seem to find help anywhere and my parents both interpret it differently.

  10. #10
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Custodial Parent Won't Allow Overnight Visits

    If there is no order, then there's no document that says "visitation will be initiated and agreed to by the minor child". If that language exists and is binding on the parties, then there is an order and that language is part of the order.

    1. Sponsored Links
       

Similar Threads

  1. Establishing an Order: Can a Non-Custodial Parent Get Overnight Visits With a Six-Month-Old Child
    By Jessicaandeaston00 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 11-11-2014, 10:05 AM
  2. Custody and Visitation Issues: Should Custodial Parent Have to Pay for Visits from One State to Another
    By KME1990 in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 05-06-2013, 05:58 PM
  3. Custody and Visitation Issues: When Must a Custodial Parent Allow Overnight Visits
    By NYMomma in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 04-11-2012, 09:02 AM
  4. Enforcing Custody Orders: Can Custodial Parent Limit Non-Custodial Parents Visits Based on the Childs Age
    By Rossettastone in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 11-04-2009, 10:59 PM
  5. Custodial Parent Preventing Visits
    By Lynne in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 06-08-2007, 04:38 PM
 
 
Sponsored Links

Legal Help, Information and Resources