Legal Question in Family Law in Virginia

Child Custody

My ex moved to texas and my 15 year old son moved with him from VA. We agreed to a VA custody agreement w/ my visitation. 6 months later he surrendered custody back to me and my son has been living with me for 1 1/2 years. On this spring break he refused to return him and withdrew him from school. We have no new order in place showing that I had custody. What should I do? My son wants to come home. How do I prove that the old order was not in effect without spending thousands of dollars which I don't have right now. I am afraid if I go to court intake he will be served and then refuse the ordered summer visitation which is in 4 weeks. Should I wait til he is here or will that look as if I am agreeing to the ''new situation''?


Asked on 5/20/09, 9:20 pm

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

Re: Child Custody

You have it quite wrong with respect to the "old order", i.e., it remained in effect even though

you and your former husband appparently decided to make other arrangements without getting it properly modified, and even though your son was living with you for 1.5 years, legal custody remained with his father.

And, if you wish to modify this order, you should

probably wait until your son is back in Virginia with you and then attempt to file your petition for custody which the Virginia court may refuse to accept since the boy appparently has been residing in Texas with his father for more than six months.

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Answered on 5/22/09, 9:59 am


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