Legal Question in Family Law in Virginia
I have a child whose "deadbeat father" does not pay child support, cannot be located, and has shown no interest in maintaining a relationship with his child...too which we have joint custody. I actually prefer to shield the child given his dad's previous bad influence and the high likelihood that any involvement with my son would probably cause more harm than good. Can I petition the court to modify the current custodial agreement in his absence on the grounds of abandonment or extreme parental disinterest, failure to maintain contact, failure to maintain support? etc. ...and how do I accomplish this when he has fled...I have no interest in tracking him down or pursuing owed child support. I would prefer just to move on with life and get him out of the picture so that he cannot waltz in at a later time....whenever thay may or may not be. How much will this cost? He has not seen his child in three years nor has made effort to see his child in this time period.
1 Answer from Attorneys
The court which made the last order concerning custody of the child retains jurisdiction to revise it's order. A motion to revise custody can be filed and served on the father by "substituted service" even though you do not know of his whereabouts.
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