Legal Question in Family Law in Virginia
I got arrested for petty larceny. My husband told me while i was in jail that he filed for divorce. I am now out on bond awaiting court and has forced me to move out of our home that is soley in my name and said i couldnt see or talk to my son until i got myself together. I have no job and nowhere to go. If he filed for custody of our son when he filed for divorce, does he have have the right to keep me from seeing my son until he sees fit? Yes, a made a huge mistake but that doesnt make me a neglectful or unfit mother.
1 Answer from Attorneys
You have the absolute right to return to occupy
your home (absent a valid court order which says otherwise).
And, no, your husband has no such right to prevent
you from seeing your son (absent a valid court order
which orders such which would be very unlikely, to say the least).
You seem to have been so utterly misled as to
your rights by your husband on so many different levels in the situation described, that if at all possible I would highly recommend that you engage
the services of an attorney appropriately knowledgeable and experienced in Virginia family law matters to represent you
without further delay.