Burke, VA asked in Family Law for Virginia

Q: So the EX filed an order to modify visitation there is no court date yet should I wait? Do I submit an answer?

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1 Lawyer Answer
Kellam T. Parks
Kellam T. Parks
  • Virginia Beach, VA
  • Licensed in Virginia

A: If this is in Virginia and the motion to modify is in Juvenile and Domestic Relations Court, there is no answer to be filed. The courts generally set a first return date where the parties appear, often times a Guardian ad Litem is appointed for the child(ren), and a trial date is chosen. Sometimes the previous order is modified at that hearing pending the trial, but that is very factually specific. If it an usual situation where there is some filing in Circuit Court post-divorce (as most cases are remanded to the JDR), then a written answer 21 days after being served with a petition would be required.

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