Legal Question in Family Law in Virginia

Left state with kids fear abuse no custody order

I left state to go to my mom and dad's with kids, because I had no resources or family in the state. He controls everything. I told an attorney before I left about the threats and abuse, and that I was going to my family. I have been their primary caregiver. He states he is going to file kidnapping charges and prove that I am unfit and take them away. He has threatened our pets, thrown away my food, tore the phone from the wall, but I have only called the police once. What are the chances of him filing for kidnapping, or takin my kids???? HELP


Asked on 4/15/08, 10:42 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Left state with kids fear abuse no custody order

Not too likely that he will be successful in doing either.

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Answered on 4/16/08, 8:01 am
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Left state with kids fear abuse no custody order

You cannot be charged with kidnapping your own children unless there has been an Order issued which grants custody to him. He can file a custody action and make an argument that the children should be returned to SC and placed with him, but that's up to the Judge to decide.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 4/16/08, 10:06 am


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