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Can I legally ask for the spouse's work schedule in order to coordinate the visitation schedule with the children?

Falls Church, VA |

I, the father, am taking care of the children of 4, 7 days a week, pick them up from daycare, and cook dinner. The mother has them 9:30PM to 8:30AM where she drops them off at daycare, Tue., Wed., and Thu. nights. She lives in a one bedroom apartment with her father. I initially agreed to this schedule that she requested because it is the only time the children spend with her. With the last 2 weeks, the mother is picking them up from daycare more often and cooking them dinner. I don't think their place for sleep is appropriate with one bedroom. I have a three bedroom apartment and we live in the same apartment complex where the kids can walk back and forth. I think its best for the kids to sleep in their own beds. I want to change the schedule. What is your opinion on the way forward?

Attorney Answers 3


  1. I think you should discuss this with a custody attorney in Falls Church. Custody and visitation are complex legal issues which are multi-factorial and typically are not as clear as the litigants otherwise believe.

    The above communication does not establish an attorney/client relationship and is likely not considered confidential and/or privileged. Except for use by the intended recipient, or as expressly authorized by the sender, any person who receives this information is prohibited from disclosing, copying, distributing, and/or using it.


  2. I agree that meeting with a local experienced attorney is a good idea. Filing in Court may be the best way to move forward.

    To learn about Kevin R. Pettrey, Esq. go to www.kevinpettrey.com or call 1 (844) 8DEFEND. Please remember that if you find an answer particularly helpful, please mark it as helpful or "best answer" so that the attorneys who volunteer their time to answer these questions have feedback. This answer is only for informational purposes, is not legal advice, and does not create an attorney-client relationship. Every case is different and must be judged on its own unique facts.


  3. Are you seeking to modify an existing order that defines the terms of visitation? Or, is it your desire to have a court enter an order establishing an initial visitation schedule? If there is no order in place, you have to file an initial petition with the Court (J&D if never married) and (Circuit if the filing is incident to a divorce). If there is an order, you have to file a Motion or Petition to modify the existing order based upon a change in circumstances. Your question cannot be accurately addressed in this forum and it is recommended that you confer with an experienced family lawyer in your local area to discuss all options that are available. Best of luck~

    This response is only intended for informational purposes and is not intended as legal advice or as a substitute for hiring an attorney in your state. Further, by sharing this information, it is in no way intended to establish an attorney client relationship with the reader.

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