Legal Question in Family Law in Virginia

I am currently separated from my wife. She has been denying me visitation with my 2 daughters for about a month now. We don't have any judgement from the state of VA yet. She is refusing to let me take the kids unless I sign/agree to bring the girls back on Sunday and not to take the kids to a preschool for one day a week (Monday). I would agree at first just so that I could see my girls but for the last month I have decided that I should just take the hit to the chin and stand my ground. Am I able to file for emergency temporary custody since she wont let me see them? What will I generally need to prove or do to win some form of custody until OCT 8th? Also I am not unfit, I have never abused my daughters or my ex, I did not have an affair, and I don't do drugs, no criminal record, and I have a steady salary.


Asked on 8/08/14, 11:00 am

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

If you already have a hearing scheduled which will address this issue on Oct 8th,

you should refrain from initiating any additional litigation in the interim (in my opinion). And, in the meantime, continue with your attempts to visit

your daughters and begin documenting each time you're denied (making your

wife aware if she isn't already) that her behaviour will likely redound to her detriment and should enhance your claims when matters are before the court on Oct. 8th.

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Answered on 8/10/14, 8:28 am


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