Legal Question in Family Law in Virginia
In October my children's biological father took me back to court to reduce child support and require me to make them call him Tuesdays and Thursday via a phone he provided. After his winning the case, he canceled the cell phone that I was court ordered to have the kids call. Do I need to go back since the phone in the court order was canceled. he doesn't contact my youngest son either. No contact in several months. He emails my oldest occasionally. What is considered abandonment?
2 Answers from Attorneys
No, you should not have to go back to court to deal with a circumstance
occasioned by the father, but rather you should keep careful documentation
as to what has(and continues to) occur in the case, including the date when (as well as why--if known) the cell phone service was cancelled, the times as to when the father does call or email his children and his particular explanation as to why the previous cell phone service was cancelled (and when
he expects to have it reactivated--if ever).
Abandonment would not be an issue under these facts as described (in my opinion).
If he drags you back to court in future, you want to have documentation to prove you did not violate order. Phone records, calendar notes, etc. Unreasonably preventing other parent from contact could constitute a material change of circumstances. Good luck. Sheryl Shane, Attorney at Law. Web: www.sherylshanelaw.com.
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