Legal Question in Family Law in Virginia
Mother wants son to emancipate himself from his father
My husbands son spent a night with us this last weekend and out of the blue, asked how old he has to be to be emancipated. In further conversation, he stated that his mother has been talking to him about emancipating himself from my husband so he won't be obligated to visit every other weekend as the custody agreement states. My husband has been talking about going back to court because his 10 year old daughter won't come for visitation at all, and his son comes maybe once a month for a night. His ex-wife keeps making other plans for the kids so they won't want to come. She told their son if he chose to emancipate himself, she wouldn't have to deal with my husband anymore. His son also let it slip that his mother kept trying to talk him into not coming this last time, saying that she would buy him a game and take him to a movie. As far as the custody order, she is in contempt already. Is there a punishment for that, or would they just tell her to comply? As far as the emancipation and bribery, clearly, she's not supporting the relationships with my husband and his children. Are things like that enough to change custody?
1 Answer from Attorneys
Re: Mother wants son to emancipate himself from his father
A child under applicable law would not be able to emancipate him or herself from only one parent and not the other.
As to whether the conduct which you've attributed to your step children's mother would (or should) merit a finding of contempt against her by the court having jurisdiction over these matters for her alleged interference with your husband's right of visitation with his two children, and, consequently, the issuance of appropriate sanctions against this mother, more information would likely be needed in order to make a reasonable surmise one way or the other on this particular issue.
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