Legal Question in Family Law in Virginia
failure to take a drug test and pay child insurance
My question to the facts listed in the original message is, In your fairest opinion do I have a good chance of obtaining full custody of our child with the father having some type of visitation (supervised preferrably until rehab/counseling is done and clean test) Will the courts allow him to take a drug after he has failed to show up for 2 as of date and has not taken the test with the open requests (but he still has time court is not until Jan 23-hearing)? What mite be the legal consequesnces of his past actions and have I satisfactorily (from what I told you) proved contempt of court on the fathers part?
1 Answer from Attorneys
Re: failure to take a drug test and pay child insurance
Whether on these facts presented you've made a sufficient showing to convince the particular judge hearing the matter that it would in the subject child's best interests to award you full custody, I could not predict. (Judges, however, generally are reluctant to deprive parents of their custody rights without very good reason(s).)
And merely establishing facts sufficient for a finding of contempt, doesn't mean that the judge would necessarily impose sanctions on the "contemptee" nor deprive him of his share of custody. There could be mitigating circumstances for his alleged derelictions which might dictate otherwise.)
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