Legal Question in Family Law in Virginia
How can I get the rights of my son's father taken away?
I am a mother of a 2 month old and I am in fear for his safty from his father. I have gone down to the courts to obtain custody but I am wanting all his rights taken from him.
He is a very violent person who drinks heavily and is involved with a woman who has had her two children taken from her twice by the department of social services.
He comes to see his son when he wants.He came about 3 weekends ago at 4 in the morning drunk as he could be.
He never tries to find out what is wrong with my son when he cries he always tells him to hush.
I do not want someone around my son that I will always be in fear of his safety with. I am needing to know how I can go about having his rights removed.
I would also like to see if I can get a lawyer in the hampton roads area to help me with it. But I am only getting 254 a month for support and would have to find someone willing to work with me.
Thank you,
Crystal
1 Answer from Attorneys
Re: How can I get the rights of my son's father taken away?
What you should do is call the local county bar association and ask for legal services. Hopefully they will be able to represent you free of charge if your finances show you are unable to afford an attorney.
In the meantime, the next time he comes to see the child drunk, CALL THE POLICE! Believe it or not, in the eyes of the law, he is not entitled to see the child without a court order. So you have two choices: 1) wait for him to get a court order for visitation and until he does so call the police every time he shows up (well only if drunk or destructive...if you believe he'll have a sober, non-destructive visit allow the child to have a relationship with Daddy) or 2) file an action for custody now. I would choose option 1 because if you file for a court order for custody the court is likely to grant Dad reasonable visitation. If you don't do anything right now, except call the police when he shows up drunk, and call the police he has no court ordered right to visit with the child and the police will shue him away.
You be strong! A child does not need to be exposed to this nonsense even at an infant age!
If you need a referral to attorney in your neck of Southern Virginia, give my office a call and I'll find an attorney for you. 703-968-3974
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