Legal Question in Family Law in Virginia

Child Custody

I have a 12-year old son that has been with his father since he was 4. I visited him regularly in the beginning but as time wore on his father and myself's relationship grew worse. As that happened my visitation needless to say was much less [even a year apart at some times]. But about 1 year ago I decided that I wanted a more active role in his life. His father said that I should start slow and then progress to our ''Court Ordered'' visitation which is at least 3 weekends per month. I have know come to find out that he has divorced his wife and that my son is living with her. I am not happy about that at all. Our court ordered agreement states that he has ''physical'' custody and I have joint-custody. But his ex-wife was never mentioned. What recourse do I have? I don't want to upset my son, but I think he should be living with one of his natural parents. Please help? B/C now his father states that the ex-wife adopted him? I never knew of this can this be so without even contacting me?


Asked on 6/28/05, 9:18 am

2 Answers from Attorneys
Robert Strupp Robert J. Strupp,Attorney at Law, PLC

Re: Child Custody

Contact a divorce/family law attorney ASAP.

Best Wishes,

RJS

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Answered on 6/29/05, 4:08 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Child Custody

Your ex is full of baloney and, apparently, now wishes to deliberately mislead you as to your son's custody status for his own nefarious purposes. His second ex wife (you being the first, presumably),has no biological relationship with your son and no court would have approved of this person adopting him without formal notification to you.

It would appear that the boy's father is now in breach of your court-ordered agreement and, therefore, the matter should be brought back before the court to resolve these various issues.

And, if you yourself are now considering pursuing physical custody of the boy, now may be your opportunity and you may wish to discuss it with an attorney appropriately knowledgeable in these kinds of family law matters.

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Answered on 6/28/05, 10:27 am


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