Marion, VA asked in Family Law and Child Custody for Virginia

Q: My ex has temporary custody of our 3 children & I have open visitation can he refuse to let me see them on Christmas?

Court order states that I can see them whenever possible seeing that I live in another state & it is a 3hr drive. He has refused me a visitation day that was pre planned because he said the kids needed to change their attitudes before I was allowed to visit & he didn't care about the court order. today I received a text from my oldest child telling me her step mother said that I had to come on Christmas Eve to see them because she does not want me around while she celebrates her daughters 1st Christmas & if I could not come when she or my ex husband said then I could't come at all. I let my daughter know that I can't get there then because I have to work til 6pm Christmas Eve & that me seeing them the next morning was the plans from the beginning. Them refusing me visitation for this reason doesn't seem like it is in the best interest of my children but only in the interest of selfishness of their step mother. What can I do to be able to see my children on Christmas??

Related Topics:
1 Lawyer Answer

A: If he continues to deny you visitation you can file a Rule to Show Cause with the court. If the court finds he has been denying you visitation against the order they can enforce the order and hold him in contempt.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.