Legal Question in Family Law in Virginia
I have been separated since Mar '09 and have a 2 1/2 yr old son from the marriage. We agreed to go through mediation, but now that we are at the end my husband is stone walling the mediator and me. My husband has not asked to see, or has any want to have anything to do with our child. I emailed him for the 5th time asking what his intentions were, but of course have no heard anything back. With not being able to get him to sign the mediation agreement I plan on filing for primary physical custody of our son and child support this week. If he does not disagree does he still have to appear before the judge ?
1 Answer from Attorneys
As long as he is properly served with the papers regarding your suit for custody and support, he will be required to appear and file an answer or face a possible default judgment.