Legal Question in Family Law in Virginia

changing to full custody

I have been divorced for 3 years now and have joint custody of our son however I am the primary custodian. Since the seperation in 2003 hes seen his son a total of once a year a week at a time and during that week his grand parents have him. My son is deaf and requires sign language as communication and has since had a cochlear implant. His father does not know how to communicate with him nor does he ask questions and does not seem to care about his well being.He pays 350..00 in child support which was in our seperation agreement which I only signed to keep him from troubles in the military but he holds it against me and refuses to help out any more than that..He does not buy school clothes or visits. He calls twice a year and seems to just want to verbally abuse me..He doesnt see himself personally involving himself in his sons life and tells me he cant find time from work...for the first couple of years I was claiming him on my taxes, last year he called me o tell me he was claiming him because the seperation papers stated he could on odd years, however for that year he called once to see how he was doing and had him for a total of 7 days.Is there any way I can change visitation, child support and him recieving taxes??


Asked on 8/26/08, 9:37 am

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

Re: changing to full custody

Yes, you can always petition to alter custody, visitation and support issues. However, a court will be unlikely to disturb what was previously agreed to in your property settlement agreement as to claiming your son as a dependent for tax purposes.

Read more
Answered on 8/26/08, 9:48 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia