Theres no set visitation in my custody agreement.

Asked over 1 year ago - Richmond, VA

my daughters mom has done some dirty things to me, making false accusations, having my daughter around drugs and guns. would it be frowned upon if I set her visitation on the nights shes supposed to visit her husband in jail. its not like im keeping her from our child, im just done with being mr nice guy!

Attorney answers (3)

  1. James Donald Garrett

    Contributor Level 20


    Lawyers agree


    Answered . The "open" visitation, or "liberal" or "reasonable" (however your order is worded), is not meant to be an opportunity to manipulate the other parent. It is for you to have an opportunity to share a meaningful relationship with your daughter. I understand your concern about visiting the step-father in jail; and the judge may take issue with that as well. But there are other factors that need to be considered. Is he in jail for a violent offense, is he in for a short time or several years, is he considered a danger to your daughter? The fact is that if he is there for a non-violent offense, and he only has a short time to serve, he is going to return to your daughter's life. If you have concerns about this, you need to speak with a child custody attorney. It may also be advisable to consult with them about a set visitation schedule if the open schedule is raising issues.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more
  2. Victoria Lee Allen

    Contributor Level 14


    Lawyers agree


    Answered . As Mr. Garrett explained, the visitation must be reasonable. If you are only allowing her visitation on those nights that she visits her husband, that is not allowing reasonable visitation. The Court will not view this in a positive manner.

    If you feel that you need to have a more explicit schedule, you can go back to her and seek a mediated visitation schedule, or you can petition the court for modification if there has been a change in circumstances.

    One of the criteria in "Best Interests of the Child" is whether or not a parent is encouraging the involvement of the other parent in the raising of the child. Unreasonably denying visitation - or deliberately making visitation unavailable to the other parent - will be seen negatively.

    This is not a war between the parents and never should be. The concern is what the child needs.

    Please note that this response is based upon the limited information available in the question. In addition, it... more
  3. David Michael Mccormick


    Contributor Level 12


    Lawyers agree

    Answered . I would recommend that you propose a scheduled visitation plan and if she isnt willing to work with you. then you file for reasonable visitation in JDR court, She cant be dictating when you see the child on her whim, and if she is then let a Judge determine whats in the best interests of the child.

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