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

Q: Hi there, I live in Marion VA. I have a daughter that is 15 years old. Can she have say so in visitation?

My daughter is 15. Her father lives in Kentucky. The visitation was set up when she was 6. She is getting older and would like to have some more say in the visitation scheduling. Her father said he wanted that as well. But, If it doesn't benefit him he doesn't want her to have any say. Should I take him back to court and try and change the visitation? Also, will my daughters feeling be taken into consideration? I just want to make things easier on her. I don't want her having to stay longer than she wants in a place she doesn't feel fully convertible. Thank you for your time.

Related Topics:
1 Lawyer Answer

Steve Miyares

Answered
  • Divorce Lawyer
  • Norfolk, VA
  • Licensed in Virginia

A: One of the statutory factors a Virginia court must consider in visitation orders is the preference of the child in light of the child’s age and maturity level. Therefore, the court would not have put much weight on the preference of a 6 year old child, the court would give more consideration to the preference of a 15 year old child along with all the other factors the court must consider.

You should consult with a family law attorney to discuss the specifics of your case and to discuss your options, including the possibility of returning to court to modify the visitation order. Good luck

1 user found this answer helpful

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.