Legal Question in Family Law in Virginia

Custody

I have my son visiting for a few weeks. His father (who has legal custody), wants him returned this weekend. I cannot afford to fly him back to Florida at this time. I don't know what to do. I truly do not have the money. I signed a writtten agreement that I would return my son, but if I couldn't, I had to give his father 3-4 days notice so he can make arrangements. I have done so. We go to custody court on 4-26 and asked if my son can remain with me until such time. I--name removed--also taking my son to a Therapist to help him deal with all this and other issues. I feel it better he continue with the sessions. What are the repercussions for me?


Asked on 3/28/07, 8:31 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Custody

You could be found in contempt of court(for having violated the visitation order) and subject to sanctions, accordingly.

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Answered on 3/28/07, 9:22 am
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: Custody

You should definitely not engage in self-help measures with respect to custody since you will be found in contempt. Such actions are only justified where there is an immediate threat to your child (e.g. abuse/neglect). You should return the child per the agreement/order and attempt at your court date to change the order. If you retain the child until such time you will likely lose.

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Answered on 3/28/07, 9:27 am


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