Legal Question in Family Law in Virginia

Non-custodial rights to keep child

2002 Father was awarded physical custody of the children. 2003 divorce went through and custody was laid out in divorce papers. May 2006, I filed for custody of children to be returned to me. The date of the hearing is in September after the 1st 6 weeks of school have almost finished. I live in a different county with different school system. The kids spend every weekend with me, and every Thursday evening for dinner. He works third shift and lives with parents. Is there a way to keep the children with me until the hearing and allow them to attend school in my county? If not, is there a way to bump up the hearing to happen before school starts. In my area, once the kids are in school, judges rarely move them. He has a lawyer, I cannot afford one. The children want to live with me. The court clerks took 8 weeks to process anything and now I am facing a serious defeat. Also, they have a half-brother living with me. I need help!! Thank you.


Asked on 8/02/06, 3:06 pm

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

Re: Non-custodial rights to keep child

Yes, you're quite right regarding the help you need which is for a lawyer to represnt you in this matter. You have only a minimal chance to win your custody suit if the other side is represented by counsel and you are pro se.

I would suggest that you contact the low cost legal services provider in your area to see whether you may qualify for an attorney to assist you with this matter on either a reduced

or no fee basis.

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Answered on 8/02/06, 5:40 pm


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