Legal Question in Family Law in Virginia

False Accusation

I have been falsely accused of abducting my 3 year old child after his mother left him with me on a regular visit to my home and them moved to two different countries over the course of three months. After that time, she wanted him returned to her in another country but since did not have any custody arrangements finalized I refused to do so until we reached an agreement. She is now accusing me of illegal retention. There are several untrue accusations, which I can prove, in her affidavit included in the motion. How can I go about obtaining full custody of my son given her behavior?

L


Asked on 11/12/01, 12:48 am

1 Answer from Attorneys
Lisa Lane McDevitt McDevitt Law Office

Re: False Accusation

You need to immediately file a Petition for Custody in the Juvenile and Domestic Relations Court in the county in which you live. You should also file what is known as a "Pendente Lite" motion. This will get you in court much faster.

If the two of you never received a court order for visitation or custody then you are not (on the facts you've posted here) retaining the child illegally. If there is no court order then either of you have the right to custody. However, keep in mind that you should immediately seek a court order for custody so that she doesn't take the child.

If you have any questions give my VA office a call at 703-968-3974

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Answered on 11/12/01, 11:21 am


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