Legal Question in Family Law in Virginia

child custody

My cousin is a naval officer who is scheduled to go out to sea on Sunday and leaving from Suffolk, Virginia. She and her husband have been having marital problems and he served her today with papers indicating that he has filed for custody of the two children; however, he has not filed for a separation or divorce. Because tonight is Friday and she is leaving on Sunday morning for 12 sea duty and she did not realize this was coming,what can she do? She cannot get out of the sea duty unless there it is an emergency. Are there good lawyers available to discuss this issue with her on Saturday and let her know how to proceed. Her husband told her that he took this action because he apparently did not what her to leave and take the children (???). Anway, can you give her some advice or provide a number for her to call on Saturday to discuss this issue, even if there is a cost for this service? She is extremely upset; the children are 12 and 15 (both girls). Thank you.

--name removed---name removed--

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Asked on 11/07/03, 9:09 pm

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

Re: child custody

Your cousin may avail herself of the a legal entity dating from WW 11 entitled the "Soldiers' and Sailors' Relief Act" which she may invoke in her behalf by writing to the court where her husband's action was filed, explaining her circumstances, that she is requesting the protection of the Act, and that all actions to be taken by the court on her husband's custody petition be deferred until her safe return from sea duty.

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Answered on 11/10/03, 4:00 pm


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