Legal Question in Family Law in Virginia

My fianc�'s child currently lives most of the time with his mother and the mother and the father have an agreement of not having to pay child support. He helps her pay for everything for the child and we have him every weekend and pay for whatever he needs. However it has recently come to light that the mother is using hard drugs and nodding out in public places. My fianc� would like to file for full custody of his child but is afraid that with out a lot of evidence that he would lose the case and the mother would file for child support and back pay since they haven't been together for 4 years

Asked on 10/01/16, 7:37 am

Michael Hendrickson Law Office Michael E. Hendrickson

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I would recommend that your fiance arrange for a consultation with an

attorney appropriately knowledgeable and experienced with domestic

relations matters in the Commonwealth and who should be able to advise

him, accordingly, as to his best options.

FYI, however, if child support were ordered for some reason in this case,

it would only operate prospectively, i.e., from the date of the order,

and in the absence of any previous support order, your fiancee could not be

held responsible for any claim to "back pay" that the mother might put

forward in behalf of the subject child in the situation described.

Answered on 10/08/16, 9:49 am

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