Legal Question in Family Law in Virginia
Custody/Visitation Dispute
Separated from husband in CA 5+ yrs ago; verbally given sole custody of child aged 2.5 at time and $400.00/mo. child support. Moved from CA for 1 year and back again. Spent 3.5 yrs in CA, moved to VA 6 mos. ago. Ex-husband has seen child +/- 20x since separation, now wants joint custody in final divorce and 6-12 wks. visitation in CA. Also wants to cut child support in half, keeping half for ''529 College Fund'' - not part of our verbal agreement. Child has lived with me and Significant Other (SO) entire time and has known SO as his father in stable family with good, safe home/neighborhood. Child doesn't have strong relationship with ex-husband. Must I submit to demands to receive child support? What rights does child have in this - ex-husband has not considered his wants/needs at all. Ex lives in impoverished, crime-ridden neighborhood with his long-term SO (wonderful lady!), never gets vacation time (often couldn't get free time to visit child when we lived nearby), history of alcohol abuse, depression, emotional instability and unemployment. Does not have separate room or even bed for child. Trying to maintain friendship with him for sake of child but don't feel this is in child's best interests. Would judge agree?
2 Answers from Attorneys
Re: Custody/Visitation Dispute
Custody, visitation and support are all negotiable but the court
would base the support amount on the combined income
of the parties and the number of dependents. You do not
have to agree to cut support in half as you can have the VA guideline support
amount calculated for you and then ask for that. Sounds
like you have primary custody. This question cannot be adequately addressed
in this format. I suggest that you at least consult with an
attorney to ascertain your rights and options.
Re: Custody/Visitation Dispute
It depends. (A fabled lawyer cop-out, but true in this case.)
It sounds as if you last lived together in CA, and that your estranged husband has never been to Virginia, or at best has been here on visits only.
So the issue is what court could exercise jurisdiction to make an award of child support. If the above assumptions are correct, I think it's CA, which puts you at the disadvantage of having to fight the fight in their courts. While Virginia child support guidelines might apply, since you and the child have lived in Virginia for over six months, Virginia's jurisdiction ends at its borders unless your husband has some other contact with Virginia than just coming here from time to time to see your child.
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