Legal Question in Family Law in Virginia

My kids have lived with me for the past year, I let them go spend thanksgiving with they're mother. She was served child support papers th9is morning and now refuses to being the kids back. We both have joint legal and physical custody. But this was the first time in about 6 months that she has taken the kids over night. She is homeless and just for the holidays she is staying at her sisters. What can I do to get my kids back? I have contacted the police and they said there is nothing they can do about it. I offered to pick my kids up if the police would meet me and they said if I do that that I would be provoking the situation.


Asked on 11/24/12, 4:15 pm

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

Provoking the situation? If you truly share JOINT legal and physical custody

of these children with their mother and in fact have been their primary care provider over the past year, I see no reason as to why you should not be able to go to this temporary residence where these children are currently residing and take them home with you. (And, without any assistance from the cops whose unnecessary presence might indeed "provoke the situation".)

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Answered on 11/24/12, 5:29 pm


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