Legal Question in Family Law in Virginia
Child Custody in VA
I was granted sole legal and physical custody of my daughter in Feb 2008. Her father chose not to show up for the hearing, and then did not file an appeal after being notified of the judges decision.
Now her father has received a summons for a hearing on child support. He is doing eveythign that he can to make this difficult. Now he is threatening to have CPS remove my child from the house because of a situation that occurred shortly after my daughter was born. My step father made sexual advances towards me in our home. My children were not in the home at the time, and he has never done anything towards them. It hasnt happened since it occurred. The police told me that his actions were not breaking the law so no formal complaint could be filed. I complained of this to my childs father in an email. Now his wife has threatened to use this email as leverage if I dont ''cooperate'' with them on the support and visitation hearing they are petitioning for. Could this have any effect on the order that has already been issued? He was aware of this prior to the initial hearing, but again he chose not to show up. If I felt my children were in any danger they wouldnt be there, but do they have a leg to stand on?
1 Answer from Attorneys
Re: Child Custody in VA
No, they do not, and they should be ashamed of themselves for resorting to such disreputable and, legally speaking, wholly irrelevant tactics in their forlorn hope of gaining some leverage with the court on their support and visitation issues.(The judge will naturally be smart enough to see through this tactic for what it is and they will gain nothing from it but possible prejudice for whatever legitimate legal objectives that they may possibly have in this matter.)
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