Legal Question in Family Law in Virginia
Father Gone
Never married couple, split for 6 years, 1 child. Had agreed custody, visitation and CS orders. Father married new woman, now he has denied paternity (after 9 years), terminated custody and visitation order. Court ordered test done, 99.998% father. New wife has called home, job, harrassed me, threatened to have me fired from job, sounds unstable. Father hasnt seen child in almost 8 months, no contact at all. Will not speak to me. Can I prevent new wife of father from being around child if he now decides he wants to see child? Supervised visits if what I would prefer.
2 Answers from Attorneys
Re: Father Gone
You're unlikely to get the court to order supervised visitation unless there's some credible evidence that the child would be endangered or put in jeopardy by having unsupervised visitation with her/his father.
Re: Father Gone
Realy not enough detail furnished. However,it sounds like bio father, although giving up "visitation", as such, has not, by any court order, had his "paternal" rights and obligations terminated. Generally, any substantial harrassment can be the subject of a restraing order. Suggest you consult with your local JDR caseworker or counselor. I would ask JDR counsel to prosecute for lack of child support.
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