Legal Question in Family Law in Virginia

Custody/Divorce

My husband and I have been married for almost two years. He has a son from a previous marriage and I have a daughter from a previous relationship...we also have a five month old together. There has been spousal abuse in the past and for the past two years his son has emotionally and physically abused my child. I have pleaded with my husband to get him help but he is in total denial. I have told my husband that his son is no longer allowed in my house--I have to protect my children. I am going to file assault charges against his son today and also request a protective order. I am also going to file for custody of our five month old today. We have a house together but all other assets are in my name or I had them before we married. I do not want him to have visitation with my child--if any visitation I want it to be supervised. Will the court deny visitation? I have evidence of physical abuse against me, I can tell you of incidences of physical and emotional abuse against his son...Your answer to my visitation question will determine whether or not I go forward with this seperation. I can not live with it if he turns my baby into the monster that he has created in his son. I will not allow him to abuse my baby.


Asked on 3/27/07, 7:51 am

1 Answer from Attorneys
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: Custody/Divorce

Under the facts as you presented you should ask the court to refuse visitation or, alternatively, that it be supervised. Although visitation is strongly favored, there are facts--such as severe abuse/neglect--that result in it being restricted or removed altogether. Furthermore, I suggest that you get a protective order against your husband, and, I would access what community resources/organizations exist locally for domestic violence victims.

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Answered on 3/27/07, 9:29 am


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