Legal Question in Family Law in Virginia
Can I be forced to give my name?
I am currently involved with a woman who has been divorced for at least four years. She and her ex husband have joint custody of her 8 year old son who splits the month half and half with each of them. I do not live with her now but I did sleep on her couch for three weeks when I first moved back to where I am now. She was honest with her husband and told him about the temporary situation and now he wants full custody based on me having stayed there even though I am not there any longer. He is trying to get the court to force her to give him my name, presumably to run a background check on me. He is a detective with the local police. I do have something on my record from eight years ago but I have nothing since. We think if he gets my info he will try to have her declared an unfit mother. My question is if the court can force her to give him my name even though we do not live together and I am never around her child without her or her parents around. It is my thought that I shouldn't have to be forced to divulge my info because I am not only not living with her, but I am also a private citizen who shouldn't have to tolerate intrusions into my privacy.
1 Answer from Attorneys
Re: Can I be forced to give my name?
Without some evidence of some possible misconduct on your part with respect to this child, no court is likely to require that your name be divulged, (irrespective of what the detective may want).