Legal Question in Family Law in Virginia

Child Custody

Hello,

My exwife and I have three childern. She has physical custody. There ages are 19,18 and 15. I'm still paying child support on the 15 year old.

This past monday, 9/11/06 my son called and told me to come and get him,I asked what was wrong and he said his mother kicked him out of the house.I asked why and he said because he did not want to go to the cristian school she had enrolled him into he wanted to go back to central high school. I called his mother and she said if he did not want to continue at the christian school he would have to come and live with me.I went and picked him up and he was standing in the yard with two duffle bags and two trash bags full of clothes.I have enrolled him back into central high school as of 9/12/06.I have not heard a word from his mother and neither has he.I want custody of my son. What she did was wrong.What should I do first? I do not want to get a lawyer. I would like to do this on my own.


Asked on 9/13/06, 9:14 pm

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Child Custody

Everybody goes about getting custody in the same way. Whether you need a lawyer is a matter of how much opposition you will face in court. When push comes to shove she may not cooperate. She will lose child support if she loses custody. You should also be aware that no matter where the child lives your support order is enforceable until it is changed. You need to file a Motion to Amend Custody in the Juvenile and Domestic Court wherever the prior orders are. Also file a Motion to Amend Child Support to stop it. If you desire, file a Petition for Child Support so she would have to pay it to you.

Good Luck

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Answered on 9/13/06, 11:16 pm


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