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Can a modification be made to a visitation order at a contempt hearing?

Petersburg, VA |

I have filed a motion to show cause due to my son's father and paternal grandmother not following the visitation order. I have sole custody of my son and his father has supervised visitation. His mother is the designated supervisor. In 7 months, my son and I have showed up at his grandmother's home for visitation over 10 times and no one is present. There is no advance notice letting me know that visitation will not be taking place and my son is constantly being disappointed by a no-show parent. I would like to request that another supervisor be chosen. Someone who is neutral and unbiased. I have foung agnecies with professionals who provide supervision services. Will the judge modify the visitation at the hearing?

Attorney Answers 1


Judges have a wide ranges of options available to them at show cause hearings. However, whether a judge will modify custody or visitation arrangements at this type of hearing depends on local practice. Having said that, if the problem is that the father isn't there for visitation, a show cause probably isn't the right solution. You can't force a parent to exercise his or her visitation. If the problem is that the grandmother (supervisor) isn't present, but the father is, it makes sense to request a new supervisor. If you can, consult with an attorney in the county where your show cause motion will be heard. If not, at least prepare yourself for the hearing by thinking through a set of alternatives. You'll probably need to follow up this action with a request to modify custody or visitation if you want to make any changes.

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Along with filing the show cause, I filed for a modification. On the modification I requested a different supervisor. But I received a seperate court date for the modification and was wondering if the judge could just do everything at once since I filed them together.

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