Legal Question in Family Law in Virginia

Father of child has left the country, not exactly sure where, was told he is now in China. He had told our son (10yrs) that he can not return to the U.S. I am not sure of the circumstances or if that is true, he is a U.S citizen. Anyhow, I want to file for 100% legal and physical custody, is him not being in the U.S enough for this to be changed ? Right now we have 50% legal, and he has visitation.

Asked on 7/06/17, 7:10 am

Michael Hendrickson Law Office Michael E. Hendrickson

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More important than this father's not being in the country would appear to be the fact

that neither you nor anyone else apparently even now knows where in the world he might be

nor has he apparently bothered to contact you.

If six or more months have elapsed with this situation still persisting, you should be able to file a motion

to amend the current order to award you full custody and (f necessary) with a request from the

court to permit you to file a notice in the local newspaper regarding your motion if you still haven't

heard from him or have a verifiable address for him where he could be served with a copy of the notice of your filing.

Answered on 7/06/17, 7:42 am

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