Legal Question in Family Law in Virginia

Abandonment or extreme parental disinterest

What is considered abandonment or extreme parental disinterest in VA. My ex is trying to get custody on the grounds of abandonment and no contact. She is the one that has been keeping them from me. While I have not seen them in a year because she will not allow it I have been calling and have phone records to show and document the conversation if there actually is one. We have a current court order in place and will be going to court in August for this. I have put in to have custody changed to myself or to change the visitation schedule since she will not abide by the one already issued. Also this is the 12th time in 2 1/2 years that she has put in for sole/full custody because of various reasons. Am I at an actual risk to have my ex get what she wants in keeping my children away from me.


Asked on 7/11/08, 10:34 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Abandonment or extreme parental disinterest

No, I see no credible grounds for charging you with child abandonment on the basis of the facts you've described.

nevertheless, you might wish to consider amending your custody motion to include a Show Cause Action against the mother as to why she should not be found in contempt of court(and appropriately sanctioned)if in fact she's been keeping you from contacting your children.

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Answered on 7/11/08, 2:12 pm


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