Legal Question in Family Law in Virginia

My former grilfriend and I have a 2 year old son and recently separated after I caught her with another man. The custody issue has not been in front of the court yet but she is currently the custodian. I have applied and filed for full custody and no court date has been set yet. I have contacted her and requested visitation and to be allowed to take my son for an afternoon to spend time with him at a playground or my parents' house. This was never an issue as long as we were together. Now that we have separated, she refuses to let me have him and insists on letting me see him in a public place on her terms and in her company only. I have no protective order against me and a Family Court Judge (during a related proceeding) had previously instructed her to allow me plenty of interaction with my son and not deny me access to my child out of spite. It's been nearly two months since I have seen my child and I miss him and worry about him. She has taken my son to an undisclosed location (I suspect her living at her new boyfriend's house) and I can contact her through her workplace only. What can I do at this point to find out where he is, how he is doing, and how can I go about seeing him without having to be restricted to her terms which only serve the purpose to "punish" and harrass me?


Asked on 4/23/10, 12:34 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If your custody petition is pending, you should keep

a careful record of all attempts/efforts on the part of your

wife to marginalize your participation in your son's life,

whether it be with regular visitation, your participation in major

decisions in your son's life involving education, medical care,

travel, etc., as such evidence could be important whenever the custody

matter comes up for trial.

In the meantime, you might want to consider hiring a competent attorney to represent you in the matter(if you haven't already done so).

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Answered on 4/28/10, 1:27 pm


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