Legal Question in Family Law in Virginia
Daughter fell into a deep depression, wasnt able to care for 2.5 yr old son. Sent out of home after 30 days including 1 week at mental ward of hospital. Sent to us in California for 6 weeks. Now she is fine, on corrects medications, caring for herself and regained confidence. Has apologized over and over again to husband about ignoring her son but he keeps on putting up roadblocks as why she cant come home. Can he keep her from her home and child?? Does he have legal grounds because he never made any police report of her neglecting her son?? He tells her he will put her up in a motel near the home but she cannot see her child until completing additional therapy, up to one month. Can he do this?? He threatened to call the police if she tries to go home and even see her son. Thank you, her dad and sons grandfather.
Milton Zaft
2 Answers from Attorneys
No, on these facts and in the absence of any valid court order which indicates otherwise, your daughter should be legally entitled to return to her marital home and to resume her role as mother and caretaker of her young son
(even if her husband is opposed to it).
And, furthermore, there should be no basis for even the local cops
to bar her from entering her home. But, nevertheless, if by chance her husband should threaten to remove her against her will, she should be within her rights to summon the police to have him removed.
She should be able to return to marital home. But if she forces herself on the her husband and child - will that go to the best interests of the child? Things may escalate into a more negative situation. Hire an attorney as soon as possible. Get a mediator if you can afford. Have her document everything. Good luck. Sheryl Shane, Attorney at Law.
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