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  1. #1
    Join Date
    Mar 2009
    Location
    Northern Virginia
    Posts
    7

    Question Tender Age Bias

    My state is: Virginia

    I have two questions:
    -Can someone please explain tender age bias to me?

    -My husband has currently been awarded temporary visitation with his 6 month old son from a previous relationship. He has visitation 6 hours each week, but the mom insisted that it take place in her house. She has insisted upon this because if something happens she needs to be there. However, the child has stayed for hours at other people's houses. My question is, how could it be allowed for the child to be at other people's houses (e.g, a babysitter) without her there, but he cannot be taken to any other houses (e.g, our house or my husband's parents) but hers for visitation? Is this a valid argument?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tender Age Bias

    It doesn't matter what "mom insists" upon - what matters is what's in the custody judgment or order. Did the judge require supervision?

  3. #3
    Join Date
    Mar 2009
    Location
    Northern Virginia
    Posts
    7

    Default Re: Tender Age Bias

    No, the judge did not require supervision.

    They worked with a guardian ad lietum to create an order that they could both agree upon. Because she wanted it to take place at her house my husband conceded to that in order to get visitation, but it was stated that she would be on a different floor of the house.

    Her argument was that his dad's house (who lives two doors down) was a foreign environment. She also stated that she wanted to be nearby in case he needed anything. I don't feel like this is a strong argument because the child has stayed at other people's houses for hours while she was at court (for example). I also feel like this gives her the opportunity to interfere with his visitation time (which has happened so far). It just seems like a nonsensical argument given that he has stayed at other people's houses without her and yet when it comes to my husband spending time with his son it has to be at her house under her watchful eye. It just seems like custodial interference.

  4. #4
    Join Date
    Mar 2009
    Location
    Northern Virginia
    Posts
    7

    Default Re: Tender Age Bias

    I should mention that we don't have the actually order in writing yet. I am just going off of what was agreed to on Friday. Hopefully when the actual written order is sent to both my husband and his ex-girlfriend there will be some clarity.

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