Legal Question in Family Law in Virginia

Child custody

I was divorced in India, in 2001 and was given custody, but not supposed to take my son out of the country,as per terms.

My ex has so far not objected, and visited our son every year, till last year when he filed for amendment to visitation, since I do not allow him to leave VA when he visits, since my son is afraid of him, and does not feel comfortable with his father away from his home(we had an abusive marriage, but he has not hit my son) My lawyer suggested that we file for childsupport(which I dont get) and for custody here in US, since we are going to court anyway.

My question is, is there any danger that the court will take custody away from me, and give it to my ex?

My son is nearly 13. wants to live with me. Has lived in US for 5 years. Loves his stepfather. Does not like my ex. I am a stay at home mom. My spouse earns well and provides for us well. My Ex resides in UAE,and has remarried twice since our divorce. Is there any chance the court will agree that my ex should not leave VA when he visits? Is there anyway my son can say that he does not want to visit with his father, or should be given a choice regarding visitation?

Thankyou for your advise!


Asked on 6/06/07, 12:02 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Child custody

I think your lawyer has given you sound advice(although there may be some reason to be concerned about your having violated an apparently valid court order from the courts of India by having removed your son from that country without the permisiion of their courts and how the Virginia court might deal with that particular issue if it should be raised by the defendant).

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Answered on 6/06/07, 12:15 pm
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: Child custody

While it sounds as if you are proceeding well-advised, be aware that--despite the presence of facts in your favor--there are no guarantees as to what the result will be on custody/visitation as it is always dependant on what is in the best interest of the child. On that note, while your son's feelings will be considered by the judge, in light of his age, the judge is not obligated to choose the option your child's selects.

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Answered on 6/06/07, 3:55 pm


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