NCP in VA and very sad

[barbie]

I just wanted to give you my 2¢ worth.  I too am a NCM.  My ex does anything and everything he can to prevent me extra time with my children.  So I worked around him.

I got in contact with the children's teachers and actually spent a whole day at their school.  Morning with daughter and afternoon with son.
Maybe you could try that?

Also, my children's teachers are good enough to schedule seperate P/T conf. for me.  If there isn't anything barring you from that in your agreement I would think you could also try this.

I also am in contant email contact with the teachers.

Good luck, I know exactly how you feel.

[socrateaser]

...can you provide statute or case law to support your position that a parent who only has visitation in VA, as is the case with this poster, is legally entitled to spend time with her minor child, outside the conditions of the visitation order?

Not, that I doubt you are correct, but you may have a different custody order that permits more lattitude than this poster, and you may be steering someone directly onto the rocks.

[skye]

§ 22.1-279.5 Participation in certain school activities by noncustodial parent

Unless a court order has been issued to the contrary, the noncustodial parent of a student enrolled in a public school or day care center shall not be denied the opportunity to participate in any of the student's school or day care activities in which such participation is supported or encouraged by the policies of the school or day care center solely on the basis of such noncustodial status. For the purposes of this section, "school or day care activities" shall include, but shall not be limited to, lunch breaks, special in-school programs, parent-teacher conferences and meetings, and extracurricular activities. It is the responsibility of the custodial parent to provide the court order to the school or day care center.

[socrateaser]

.

[CheatedMother]

THAT shall be a HUGE help!

You two are great! I'm guessing that this is the case to give me opportunity ( making it my responsibility) to be involved. I guess, if there were some reaosn I shouldn't be allowed, then there'd be an order as such ( and there isnt as there is no reason)

Does this law apply regardless of  the joint/sole custody situation???? ( he has sole)  

[socrateaser]

It appears that VA does have a law that permits a non-custodial parent, such as yourself, to eat lunch with your child. This is definitely a very unusual statute, and is not the norm in most jurisdictions.

My advice is based on general principles of family law, so, I'm sorry for erring on the side of caution -- but my prior comments are not correct on this particular issue, as the law posted by skye supersedes the common law.

On your other questions, I stand on my prior comments in the absense of statute or case law to the contrary.

[skye]

I hope that I did not upset you as that was not at all my intent. I only knew about this after my attny pointed it out to me a few years ago...there is more on it in TGB's links for VA under the access to school and medical records section....