Charlotte, NC asked in Child Custody for Virginia

Q: My custody order States that my sons father has visitation from 2 PM Christmas day until 6 PM Jan.1

The father has visitation every other week from 6PM Sunday until Wednesday at 6pm. It just so happens that his regular weekend starts the 23rd of December. Will I be breaking the custody order not allowing him to get my son until Christmas Day at 2pm?

Related Topics:
2 Lawyer Answers
Sharon R. Moss
Sharon R. Moss
Answered
  • Divorce Lawyer
  • Manassas, VA

A: It depends on what the Order states with regard to your holiday visitation time. Also, does it state that the holiday visitation supersedes the regular visitation. More information regarding what the order says is needed to be able to answer this question.

Michael Christopher Miller
Michael Christopher Miller
Answered
  • Divorce Lawyer
  • Vienna, VA
  • Licensed in Virginia

A: From what you provided, it appears the father starts his regular weekend visitation at 6 p.m. on Sunday. Normally, that would end on Wednesday.

However, during his weekend visitation, the Christmas visitation starts at 2 p.m. on Tuesday (Christmas) and continues to Jan. 1.

So, the father would have Dec. 23 to Jan. 1.

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.