Legal Question in Family Law in Virginia

10 year old Son ADHD, 13 year old Son LD

I have currently gone thru a court case where my 2 children's schedule and custody has been changed. I have PP Custody w/joint custody w/ex. I have Sole A over Health and Education. My current attorney did not have my children's therapist testify in court about their schedule. Due to this their schedule is not in their best interest. There is also Parental Alienation that is going on. I was told that I can not go back into court with evidence that should have been given to the judge in the first place. I was told TO BAD SO SAD!!

I need help for my children. What can I do. My ex and I can not work together. The therapist even told him that the new schedule is not good for them. Both boys are very upset and are now showing signs of depression.

I am only trying to do what is best for my children.

My family also lost our 26 year family christmas tradition because my ex lied in court and my attorney did not have me or my family tell the judge the truth. How can you file purgery charges?


Asked on 1/23/05, 12:08 am

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: 10 year old Son ADHD, 13 year old Son LD

Q: Can you get a second chance at evidence?

If your opportunity to appeal has past then the only way to get any change is to file a Motion to Amend, but it must be based upon a material change of circumstance since the last court hearing. You can imagine the reason for this law. People would bring the same case over and over again.

My suggestion is to let the schedule go through it's paces and, if it proves to be detrimental to the children, then you will have the evidence you need to show a material change.

If someone has made a false material statement of fact under oath knowing it to be false this is perjury. If you have evidence of this, contact your local prosecutor and see if he is interested in prosecution.

Good luck.

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Answered on 1/25/05, 1:06 am


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