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

Q: Ex and I have joint custody, he's custodial, yet won't let me see them. I'm 5 mins away, can he keep them from me!?

Joint legal custody with communicable visitation, they live with him bc I lived out of state. I moved back and live 5 min from them, yet he wont let me see them or talk to them. They don't even know I've moved back and are 10, 8 and 6.

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1 Lawyer Answer
Thomas Woodward Ashton
Thomas Woodward Ashton
  • Divorce Lawyer
  • Roanoke, VA
  • Licensed in Virginia

A: It likely depends on the exact language in your order. Lots of orders out there have standard language that allows "reasonable and liberal visitation as agreed between the parties." The issue in cases where (a) this language is included, and (b) visitation is being denied by the custodial parent, is usually whether the denial is "reasonable." Also, there may be issues if you haven't notified the court of your change of address. However, before you take any action, you should speak with an experienced attorney, who can advise you of the best action to take under your particular circumstances, as all custody and visitation cases are very fact-specific.

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