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Re: Elder abuse and visitation

We actually went to court two years ago, and, it was our efforts that resulted in removing our father from his negligent spouse (our stepmother), and establishing a court appointed guardian to protect our father. Our father's spouse has actively been trying to deny us visitation ever since that time. I just recently repaid some pretty massive legal bills from that time.  We keep the faith and persevere because we love him. Just want people to be aware of Virginia Code 64.2-2019(e) - passed in March 2016 - that stipulates that incapacitated parents with existing relationships have a right to visitation from their children. They can't be unreasonably restricted from seeing their children. The Casey Kasem suit had a direct bearing on the passing of this important legislation.

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Talking to a lawyer is the best options. Especially lawyers(fathersrightsinc) who specializes in custody rights.

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@e10294s wrote:

We actually went to court two years ago, and, it was our efforts that resulted in removing our father from his negligent spouse (our stepmother), and establishing a court appointed guardian to protect our father. Our father's spouse has actively been trying to deny us visitation ever since that time. I just recently repaid some pretty massive legal bills from that time.  We keep the faith and persevere because we love him. Just want people to be aware of Virginia Code 64.2-2019(e) - passed in March 2016 - that stipulates that incapacitated parents with existing relationships have a right to visitation from their children. They can't be unreasonably restricted from seeing their children. The Casey Kasem suit had a direct bearing on the passing of this important legislation.


Hi there, e10294s.

Where is your father now, since he was removed from the care of your stepmother? If he has a guardian, and that guardian gives you permission to visit, isn't that the end of it? I would hope you don't need a court order. Visitation is not like in a custody battle with accusations of abuse on both sides... 

 

Just wondering.

 

And, wow good for you for going to bat for all families in this particular predicament. I bet those were large legal bills. I hope you can visit him without having to spend more.

 

If he is in a facility, there is an ombudsman paid by taxpayers to be your advocate, and she or he can help you visit. 

 

Best of luck and glad you wrote. We are all enlightened by what you've been through.

 

Jane

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@e10294s The picture becomes much clearer now with the addition of another couple of "puzzle pieces."

 

I remember the Casey Kasem suit. These situations can be heartbreaking.

 

My question is this:  Now that you have worked with your legislative delegate and succeeded in getting the Code changed in VA, it should be a fairly easy path to securing an attorney who specializes in "elder law" and filing suit to have the law applied in your father's case so that your visitation is not restricted.

 

Your previous (and expensive) experience was probably due to the lack of clarity in the Code and, to most observers, the judge who hears your case should have little choice but to enforce the law and order visitation.

 

Thank you for spreading the word about a problem that none of us want to have...whether we are the children or the parents stuck in the middle of such a situation and who no longer have a voice.  Again, I wish you good luck.

"Never succumb to the temptation of bitterness." ~ Rev. Martin Luther King, Jr.

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