Legal Question in Family Law in Virginia

What are my chances at custody

My ex and I have two children together (two girls 5&3). There is a visitation order in place in Virginia where I am to receive visitation every other weekend. I moved to South Carolina in March 2007 and have not seen my children since not by choice. Their mother refuses to let me see them. I have agreed to stay in Virginia during the time that would be my weekend however have still been refused. I believe there is also a case of PAS as their mother has stated they do not know who I am and call her boyfriend daddy. She has also brainwashed them to think her new son is the only brother they have although my girlfriend and I have a son together. I would like to gain sole/full custody of my children but am afraid that since there as been lack of contact this will not be granted. I'm pretty certain if I take her to court she will say it was my choice not to have contact with my children. She has already been in contempt of court before for not following the order and was only given a stern talking to. What actions should I take in obtaining custody and what is the likely hood that custody would be granted to me.


Asked on 1/31/08, 7:40 pm

2 Answers from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: What are my chances at custody

You ought to consider bringing both a contempt action to enforce the prior order and also a new action for custody to attempt to have custody transferred to you. Jurisdiction for the case will most likely lie in Virginia, so you should consult an attorney there to discuss this matter further.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 1/31/08, 10:12 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: What are my chances at custody

Yes, you could certainly bring an action in Virginia for the mother's apparent violation of your visitation order, but an action for full custody would definitely be more problematical

for you (in which you may not gain more than partial custody--and, perhaps, not even that), and you therefore should arrange for a consultation with a Virginia counsel who is knowledgeable regarding such matters before proceeding any further with the custody issue.

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Answered on 2/01/08, 1:01 pm


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