Legal Question in Family Law in Virginia

Child Abandonment
My ex gave up custody of our 2 year old son a little over 6 months ago. She was suppose to get him every other weekend. She instead decided to spend her time dating and doing her thing and completely ignored our son exists. She missed his birthday, christmas and so on without even a call. We have a court submited ''consent order'' with her giving me full legal and physical custody. The problem is she now want's to just pop up in his life every now and then. I wouldn't mind if she had been a good mother, but it took 6 months to fix all the negative things she had done to him. He fears her and screams at the site of even a picture of her. Do I have to let her have him just this one time and traumatise him, or can I refuse on the grounds of abandonment?

Asked on 3/04/08, 3:36 pm

Lisa McDevitt McDevitt Law Office

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Re: Child Abandonment

If she has no court order that says she can have visitation with the child then you do not need to allow it.

If the court order does say she is allowed you can petition the court to change it to protect the child.

Answered on 3/05/08, 10:19 am

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