Legal Question in Family Law in Virginia

Custody

In 1998 I left my husband and moved to Va, taking my son with me. For 10 yrs I have harrassed the Va & NJ CS Enforcement offices and filed letters to get CS for my son. For 10 years, I submitted the same information with my husbands, place of residence, home phones, work phones, place of employment and next of kin contacts in NJ, to be repeatedly told every year, they could not find him. This year, I got pissed off and called NJ myself, asking them why they could not find him when all his information never changed. Low and behold, they find him. Exactly where I said he was for 10 years. Now a court date is set and the CSE is on the ball. But to my amazement, they also find that a court in NJ granted my husband custody of my son in Feb 1999. My son has never lived in NJ with his father. For 10 years he used that court document that gave him my son, who was with me in Va., so he did not have to pay child support. I would say that is obvious ''willful non-support''. But even worse now, my husband has decided that in order to further not pay support, he wants to demand his custody rights? He wants to take my son from me, not because he wants him, but because he won't have to pay support. This can't be allowed to happen.


Asked on 4/20/07, 12:21 pm

2 Answers from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Custody

How did he get custody in NJ? If you received notice and ignored it, it is a valid order and he can enforce it. You need a NJ lawyer to look into it's validity. If you did not receive legal notice you need to challenge it in a NJ court and get a VA custody order yourself. If there is no custody order, he has as much right to the child as you do. Men often do what they can to avoid support. How you did not know he had a NJ custody order for 10 years is also beyond me. No disrespect but this is what comes from not having a lawyer.

One last nail in the coffin, if he has custody he deserves child support from you no matter where the child lives.

Good luck.

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Answered on 4/21/07, 8:59 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Custody

Yes, who could opossibly disagee with you that "this can't be allowed to happen" (other than your husband)? Nevertheless, the unavoidable follow-up question is, of course, what do you plan to do to ensure that it doesn't(happen)?

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Answered on 4/20/07, 3:35 pm


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