Legal Question in Family Law in Virginia

Were my civil rights violated?

Your ex wife kicks u out after 16 yrs then she neglects and abandons your 4 sons.U have custody for 4yrs,kids love my 2nd wife--name removed--The Monday before Thanksgiving u get papers to be in circuit court in 7 days cause now the ex wants custody of the 12/10 yr olds--name removed--The kids are now 20,15,12&10.None of them want any part of their mother--name removed--U request a continuance byphone,registeredmail,and 3x in court at the hearing when u are finally allowed to speak--name removed--Each time u say u need your attorney--name removed--he wasn't available on such short notice--name removed--time to subpoena witnesses,and do home studies.She is given custody--name removed--because they need to have a relationship with their mother--name removed-- Aside friom being--name removed--crazy is the judge subject to disciplinary action because u were denied counsel--name removed--Can the verdict be overturned for that reason--name removed--

She is also unemployed and lives with her boyfriend in his house.


Asked on 12/01/99, 4:26 am

1 Answer from Attorneys

Monica Chernin Monica J. Chernin

Re: Were my civil rights violated?

This is a rather incredible scenario that you describe. From what I gather, you were given notice of the hearing, and appeared, but the Judge, in his or her discretion, chose not to grant your continuance. Assuming that the Order entered by the Court, transferring custody to the mother, is a final order, I suggest that you consult with counsel immediately about noting an appeal. In any case, given what you describe, you really need to be consulting with counsel to resolve this problem. Best of luck. If you are in my area, and I can be of assistance, please contact me. Monica Chernin

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Answered on 12/01/99, 9:42 pm


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