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child vistitation

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I am living in Virginia, my ex-husband lives in Missouri. I have primary physical custody with joint legal custody. Divorce decree was modified so that I could move out of state with husband who is in the Navy. Decree states vistitation for 4 weeks during childs summer vacation however travel arrangements are to be made by respondent(ex) no later than May 1st. We were discussing arrangements but nothing final was ever decided. Now my daughter, who is 8 years old, does not want to go because she has not seen the man in approx 4 years due to him being in prison and he is an extremely bad alcoholic who lives with his alcoholic father. Do I have the right to keep her from the visitation since he did not follow the court order to have the arrangements made by
the stipulated date?


Senior Member
since arrangements were suppose to be made by a certain time then you could have an arguement.

you state that, "does not want to go because she has not seen the man in approx 4 years due to him being in prison and he is an extremely bad alcoholic who lives with his alcoholic father." when the original decree was modified, was this the situation at hand or is this a new development? if it was the same - then the courts didn't see a problem with the child visiting in this situation? if it is new - then you could request a modification due to the circumstances.

what was he in jail for? you are claiming they are both alcoholics - do you have proof? would you be in fear of allowing your child to visit? is there the chance that they will be in a condition where they were unable to care for the child?

do your parents live in Missouri? do they live near the ex? could you possibly make it so that the grandparents receive the time and then the father is allowed supervised visitation times?


The alcoholism is nothing new for him or his father. The reason he was in prison as far as I know, was because of DWI's and failure to pay child support. Alcoholism has been proven many times over for the both of them. I divorced him for that reason...he was very abusive and could not lay off the alcohol. The courts did not give me supervised visitation at that time because he was in prison and had no representation and also because I would need an attorney for my daughter. Since my first post, he has been arrested for third degree assault and he is on probation or parole. I would be in great fear for my daughters life if she were to stay with them because they both drink and drive all the time. Since we have moved to Va the only family member on his side that has kept in contact with our daughter is his mother. His father, brother, sisters and even him have not sent B-day or Christmas cards or even a note simply saying "Hello, how are you" My daughter and husband are very close...he has been taking care of her for 6 years...ever since she was 2 and she calls him daddy. She is very happy here with us and I hate to have to make her do something she is so terrified to do. I have contacted my attorney and am still waiting for the call back. Thank you for your response.

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