Legal Question in Family Law in Virginia

In appeal can I keep children

I was charged with child abuse, the father was given custody pending a custody hearing. Before charge we shared joint custody with myself retaining primary physical custody of children. The child abuse case is in appeal. My daughter has admitted to lying so her father would visit her. He did not before. my question is while the case is in appeal does the orginal order become re-instated where I have primary physical custody??


Asked on 10/27/05, 2:52 pm

2 Answers from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: In appeal can I keep children

No. The lower court order is in effect until it's changed by another order, if any. An Order is an Order until its changed by an Order.

Good luck

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Answered on 10/27/05, 7:45 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: In appeal can I keep children

There is very likely some type of interim order in effect which prevents your child from returning to your custody pending the outcome of your appeal.

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Answered on 10/27/05, 11:12 pm


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