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Ask FamilyAttorney Your Own Question
FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 1374
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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I have a question about visitation : Ok : no : no

Customer Question

I have a question about visitation
JA: OK. The Family Lawyer will need to help you with this.
Customer: Ok
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: no
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAttorney replied 1 year ago.

Hello. I’m a licensed attorney with 36 years’ experience. My practice is limited to family law and appeals, but I have many years’ experience with landlord-tenant issues, contract law, and other types of law. I also have written hundreds of legal articles. I look forward to helping you today.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

At the end of this discussion I'm going to ask you to please rate me as that's the only way I get credit for my time here today. Are you okay with rating me at the end of our discussion? Thanks!

Can you please tell me what state you are in? Do you have a specific question about visitation? What is happening in your situation? I would like to help you but need some information. Thank you!

Customer: replied 1 year ago.
Expert:  FamilyAttorney replied 1 year ago.

Okay, thank you. What would you like to know? There are all types of visitation, including supervised visitation, but I could write 5 pages about visitation. Is there something happening in your case that you would like me to discuss? The more information I have, the more precise my answer will be. Thank you, ***** ***** for this information.

I'm also available by phone if you'd like to talk by phone, but I'd need some idea of what is going on here. In a sentence or two, if you can explain what's going on and then I can either type it to you here or we can have a phone call. That's up to you but I'm available for either.

Customer: replied 1 year ago.
My daughters father failed to pic her up for summertime visitation. What are my rights?
Expert:  FamilyAttorney replied 1 year ago.

Okay, thank you for that.

In VA, if your ex-spouse has remarried, six months may be the trigger for eliminating parental rights if he fails to exercise visitation.

Is that the case here? Has it been six months or more that he failed to exercise visitation? How old is the child and does she want to see her father?

You cannot require a parent to take his visitation, but if he doesn't, you can make a motion to modify the order, so that you can ask for visitation to be reduced or eliminated. If you want him to have his visitation, he doesn't have to visit but then he can lose his rights to visitation and can eventually lose his rights as a parent--he can have his rights terminated if he's abandoned the child.

Expert:  FamilyAttorney replied 1 year ago.

For example if you want someone to adopt the child, that is a possibility depending on how long he has failed to see the child.

If you want the order changed to eliminate visitation, you can do that if there has been a material or important change in circumstances since the prior court order. You can’t bring up things that happened at or before the last court hearing. You only can bring up things that happened since the last court hearing. Only a Judge can change a court order. The Judge does this by issuing a new order. If there has been an important change since the prior court order, you would file a Motion to Amend or Review Order. You file this with the court that issued the last order.

Expert:  FamilyAttorney replied 1 year ago.

So all of this depends on your particular circumstances and what you're looking for.

Expert:  FamilyAttorney replied 1 year ago.

Does this answer your question or do you need more information? I want to be specific about your case but I don't know without your information whether you're looking to change the order, whether you want to enforce visitation --which is nearly impossible to do because you cannot require someone to take visitation -- or whether you're looking to change to supervised visitation or claim abandonment because of failure to visit, or whether you want someone else to adopt the child. I don't know which scenario relates to you. If you let me know which one, I can give you a definite answer about your case.

Expert:  FamilyAttorney replied 1 year ago.

Have I answered your question? I'm more than happy to give you additional information. The more information you can give me the more I can help you. I'm available by phone if you'd rather talk by phone.

Expert:  FamilyAttorney replied 1 year ago.

If you need more information, let me know as I’m happy to give it.

I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. Kindly rate me positively so that I can get credit. It is no additional charge to you.

Please accept my answer, rate my answer as one of the top three faces/stars and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. I thank you in advance for rating me. Please let me know if there is more that I can do to answer your question and if you need more information. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. Thank you and best of luck to you!

We are not employees of Just Answer but are independent contractors, so your rating is very important to us.

Please let me know if you need any more information, such as where to find an attorney in your area, or anything else related to this question. Id' rather be rated positively and if I didn't answer all of your questions, I'd like to have a chance to make sure that I do. Thanks in advance for rating me.

I can give you much more information about visitation if you need it but I would need more information from you. If I covered your situation above, great! If I did not, please allow me to fix that by giving me more information so I can address your specific concerns. You do have rights, as I indicated above. You can't require him to take visitation, but you can make a motion to change the order if you want visitation cut out if he continually misses visitation -- which could be considered abandonment, and you may be able to have a new spouse of yours (if you have one) adopt your daughter if the ex has abandoned the child.

Expert:  FamilyAttorney replied 1 year ago.

I am logging off now but will check back later to see if you need more information or have supplied more information. Thank you!