Legal Question in Family Law in Virginia

Child Custody.

Lived with partner for 9 years. We have two daughters(8yrs & 4yrs). I recently moved out due our undesirable relationship. I took the kids with me knowing that was the best thing for them. I have not worked since having the first child so I could rais her full time. They both have depended on me for everything since they were born. Since I left the partner has been verbally abusive and trying to make my name look bad thru lies. For this reason I have not let him see the kids until we have gone to court. He now has a lawyer who just sent me papers stating that if I dont let him see the kids he will get custody of them. I left the house we were living in and am temporarily staying with my mom. I am actively searching for employment which I should soon have. I need to know if I need to let him see the kids before our court date and what my current living situation would have on that outcome. Do I need my own place to live since he is staying in our former house. Also what bearing employment may have. Thank you.


Asked on 1/24/07, 8:12 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Child Custody.

While, you may not be legally obligated to let their putative father

visit his offspring before your court date, it would probably be good legal tactics for you to do so(sends the right signal to the court that you're likely a reasonable and cooperative person), and therefore another reason to adjudge you as likely a fit and suitable parent for purposes of primary custody.

And whether you're living with your mom or elsewhere, is not likely to make

much difference as long as the home environment where the children reside is reasonably stable and, if you're actively seeking employment, this should satisfy the judge for the time being that there's at least a reasonable expectation that you will have at least some income(along with that of their father) to support the children in a way that may clearly be at least at some point in their best interests.

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Answered on 1/24/07, 8:29 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Child Custody.

Yes you have to let him see his kids. One of the stautory factors for custody is the parent's willingness to encourgae a positive reltionship with the other parent. There are many reasons why a parent should not see his children, but you haven't described anything that he's done to the children to bar his right to parent them. He won't win custody if you are the primary parent to those children, but your denial of their contact to him is a bad move. Your lawyer should work on showing the court that he has a couple of problems to work out so maybe his contact should be regulated in some way. He doesn't get everything he wants. You have physical control over those kids. You need to facilitate his visitations and deserve to know where they will be at all times and be able to contact them if needed.

As long as you provide a safe home for them, no matter where, you will be fine. You obviously also need his child support and I mean yesterday.

You need a good lawyer. He has one and you don't want to be shut down in court.

Good luck.

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Answered on 1/24/07, 9:38 pm


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