Thursday, October 16, 2014

In virginia law on child custody cases, if the juvenile court gave the father sole custody since the mother didn't show up to the hearing, a...

Question

In virginia law on child custody cases, if the juvenile court gave the father sole custody since the mother didn't show up to the hearing, and doesn't state anything regarding visitation for the mother. Does the mother as non custodial parent still have implied standard rights for visitation.



Answer

Yes, if you mean does she have standing (legal status) to pursue

visitation rights for the child(ren) in question.



Answer

Mother can also do an appeal or motion to reconsider if not too late. Sheryl Shane, Attorney at Law. www.sherylshanelaw.com.



Answer

There is nothing in the Virginia Code that would give her implied visitation, but she has access to the courts to get a visitation schedule set by the court. But why go through that process? You and she as parents should be making these arrangements on the basis of what works best for the two of you and your child or children. You're not divorcing the kids and you will be jointly parenting them until they are 18 at least, so it makes sense to try to work it out jointly, knowing that if you come to an impasse, the courts are available to make some final decisions.



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