Legal Question in Family Law in Virginia

My ex and I divorced when my son was three years old. We both remarried a couple years later. We had 50/50 custody until my son approached me at age 7 and said he wanted to stay with me and not stay with his mom so much. This woman lacks any parental skills, let�s put it that way. We went to court in 2001. She had a lawyer and I did not. I won custody. I did not ask for child support. The custody arrangement was drawn up and basically she was given every other weekend along with a couple weeks in the summer. My son was happy with this and it worked for a good 8 years. Then about a year and a half ago his mother moved away to live near her husbands family in PA. We live in VA. I knew this bothered my son. Not just because she was moving but she had a couple kids too so it was taking away his siblings as well. He has visited up there during long breaks such as Christmas, Spring break, and summer. Now, she is pressuring him to move up there. This has confused my son and put him in a terrible place in his head. Not to mention her way of getting him to move with her is by trashing me and telling him lies to turn him against me. She put him in this awful position by moving far away and now he feels like he must choose.

So what can or should I do? First of all I would think her moving was a violation of the court order and custody agreement. Also although I originally did not ask for child support, is that something that can be revisited? Even possibly back child support? I have always paid for his clothes, school supplies, doctor�s appointments, etc. There were a few times in the beginning she would pay for half but it was like pulling teeth to get it. So I stopped asking for anything because it was such a hassle. Now to be honest we could use the help financially for him especially now that he has braces.

Thank you for your help,

Rob


Asked on 8/26/09, 9:05 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, you could file a uniform interstate family support petition through your local DCSE(Division of Child Support Enforcement) office which would then forward the papers to its sister child support enforcement agency in Pennsylvania to establish a support order against the mother. (If she doesn't pay, the Pennsylvania agency would also handle the enforcement of the order.)

As for back support, you would be unlikely to be able to make any claim for arrearages predating the filing of the petition.

As for your son moving to Pennsylvania, the Virginia court which retains jurisdiction in the custody matter would be unlikely to agree to a modification of the current order merely because the boy may now like to live with his siblings in his mother's home in Pennsylvania.

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Answered on 8/31/09, 11:09 am


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