Can I limit visitation because my daughter’s father has an unstable living situation?

UPDATED: Sep 2, 2011

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Can I limit visitation because my daughter’s father has an unstable living situation?

I have primary physical with reasonable visitation granted to her father. He is currently married (not to me) and dating some one else (not his wife). I has come to my attention that the girlfriend does not have her children with her because her family believed she was unfit to care for them. This makes me very uncomfortable for her to be around my daughter. They just began dating and are already talking about moving in together. Is there anything I can do to restrict her being around my daughter?

Asked on September 2, 2011 under Family Law, Virginia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can file an Order to Show Cause (court form) requesting a modification of visitation.  You can ask for supervised visitation.  The supervised visitation would have a third party present when the father visits with his daughter to be certain that the girlfriend is not alone with your daughter.  Your Order to Show Cause requesting a modification of visitation should be filed with the court with your declaration signed under penalty of perjury stating the facts supporting your request for supervised visitation.  You should also attach a proof of service to the documents (Order to Show Cause and declaration) you are filing with the court.  The proof of service verifies the date of mailing your documents to the father.  You can use a court form proof of service or you can write your own.  If you write your own proof of service, it would say that you are over 18 and the attached documents were sent via first class mail unless otherwise specified to __________ (name and address of father) on _________ (date).  You sign and date the proof of service under penalty of perjury.  The date you sign the proof of service should be the same as the date of mailing and the same as the date you file the documents with the court. 

When you file the Order to Show Cause with the court, the court will set a date for a hearing on your request for modification of visitation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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