Legal Question in Family Law in Virginia

Well my husband joined the military back in october 2009, the child started living with us in May of 2009. We were living in Florida and decided to move to Virginia because after basic he would be able to go to AIT in Virginia, and fortunally my mother lives 30min away with a big 4 bedroom house we are currently staying in now. He is still in AIT and its been since October that we've been living here, he didn't go to basic till Feb. the mother was ok with the move. I called her or she called me everyday until he came up to Virginia from basic, then she started acting stupid. She would call at random hours then post stuff on the internet that we were trying to keep her from talking to her daughter, so me and her got at it and we had made an agreement on times and days she would call. Well she expected me to call or she didn't fullfill her agreement and once again called whenever which wasn't but one time and then would post another mean thing on the internet. Well we got at it again and she said she has saved all my messages, and I have as well, plus she said she has talked to a lawyer and she can come up here and take the kid away without my permission. I have POA over the child. Can she take her while he's in AIT, which means he's active but can't leave post? I need to know what rights we have neither one of us have court orders, and we are planning to take her to court when he gets out. Also as of right now I have denied her to talk to her child because of the stress she puts on the child, who is 4 by crying on the phone about how she never gets to see her and saying her dad is an a$$hole. Can I deny her phone privages till we go to court? Can I file for Temp custody while he's in AIT so I wouldn't have to worry about her taking her?


Asked on 6/14/10, 9:49 pm

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

After reading through your muddled question, I have no idea who "she" is nor your relationship to this child. But if, however, this "she', happens to be the mother of the child, then denying her contact with her child will not sit well with the court whenever the matter may come before a judge to rule on.

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Answered on 6/15/10, 7:54 am


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