Virginia custody cases tend to be complicated enough already without guests staying the night. Already fraught with emotion, these cases are often escalated in tension whenever one spouse or the other begins a new relationship before the divorce is finalized. So what can be done in these instances? Read on to learn more about Virginia custody cases and how overnight guests with no relation are accounted for.
Virginia Custody and Provisions Against Overnight Guests
In a Virginia custody case, these provisions are not always automatic. Sometimes, they are not even included in the process at all. In order to be sure, it is best that you consult the agreement on custody and visitation rights formed between you and your spouse. Alternatively, you can consult the order given by the judge during the initial custody hearing.
What to Do If the Child’s Father Requests a Provision
If no such provision already exists, then the request can be disputed. Typically, such a request would be granted, especially if children who are still in their minority are witnesses to such a home situation. Any agreements containing this provision can be denied by the mother.
However, if the father persists in having the provision, he is within his legal right to file it with the court. In this circumstance, the custody case will only go on longer. As a result, it will cost more time, money, and emotional energy. One solution to avoiding the provision for both former spouses is to marry their new partners. However, this solution will bring its own set of issues to resolve.
What to Do If the Child’s Mother Requests a Provision
Both spouses have some level of input when the provision against overnight guests is being decided. However, in that same vein, it does not only apply to one spouse or the other. Future partners can be subject to the provision, even if no partners are invited over as guests at the time of the provision’s determination. Mothers are often favored in custody cases; even so, it is unreasonable to expect the father’s behavior to be curtailed by court order while the mother’s behavior is not.
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