Legal Question in Family Law in Virginia
appealing a custody order
I was granted sole physical and legal custody and visitation at my sole discretion for my one year old daughter in Februrary 2008. Up until the past few weeks her father has had no active role in her life. Now he is demanding me to let him see her and that he will be appealing our case for joint custody. I know that I have the right to say no he won't see her and I am exercising that right due to my childs medical needs. My question is would he be able to file an appeal? Are there certain guidelings to determine if an appeal is appropriate, or can he just say I don't like the order now so I want it changed? I thought that there had to be a change in circumstances? He is a Florida resident and my child attends physical therapy weekly and soon will be adding speech therapy as well. If he does appeal this what is the likelyhood of him being able to keep her an extended amount of time? He feels he should have her 6months on 6 months off.. I disagree b/c I will loose all of her spots in therapy, as well as her child care which is provided to her by a special needs provider. Where I reside at most therapy is delayed 6months and it took me a month to find a daycare that could handle her needs. I want him to see her but around her medical
2 Answers from Attorneys
Re: appealing a custody order
I agree. The time for an appeal has expired. The father may file for a modification of the custody or visitation order, but he would have to show a material change of circumstance in order to have the order changed. He will also have a difficult time getting the Virginia court to send the child out of state for any significant period of time.
You may want to offer him limited visitation as approved by the child's therapist.
In the meantime, you may wish to consult an attorney -- many will consult free first time -- to line up help in the event he does file something.
Good luck.
Re: appealing a custody order
You can forget about the father now appealing a custody order that was granted back in February
as such an appeal would've had to have been taken within 10 days of the date of the order in the Juvenile & Domestic Relations District Court. (30 days in the circuit court.)
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