Legal Question in Family Law in Virginia
I am going through a custody battle. My ex got custody of our daughter and I am appealing the decision.In August 2007 me and my ex husband went to court and agreed that I would custody of our then 2 year old daughter and he would get custody of our 5 year old son.Well neither one of us showed up for the final hearing in October 2007.Flash forward.I graduated from nursing school in may 2009, informed my ex I was still moving, and sold EVERYTHING.On August 14, 2009 he posted on my door that he in fact had custody of BOTH children.I went to the clerk's office the next day and she told me that it must be an error but that the judge that ordered it had retired.At the final hearing she ordered that physical custody remain with my ex because of VA's state law.The paperwork only stated that I give my ex 30 days notice and I gave him 2 years.I tried to get an attorney through legal aide but they said that if he doesn't hire one I can't either.Right now I have a pretrial coming up on Jan. 4,2010 to appeal the judges decision.Any advice would be appreciated I dont know what to do.I lost the only thing that matters to me my daughter.
1 Answer from Attorneys
Irrespective of what Legal Aid may have told you regarding your
right to be represented by counsel, you can be assured that you
certainly have the right to hire an attorney to represent you in this
matter whether your husband has one or not, and I would suggest that you
hire one ASAP.
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