Legal Question in Family Law in Virginia
Going through separation and have been kicked out due to an EPO which was later overturned in court. Now that I am able to see kids, I've found ex wife is removing ALL property in house to her parents location, has removed all money from savings account and closed accounts which had my name on them, and will not allow me to see, visit, or talk to my kids without her or her dad's supervision. Is all of this legal in Virginia when no separation paperwork or custody paperwork has been srved or filed?
1 Answer from Attorneys
In the absence of any court orders adjudicating otherwise, you
have as much right as your ex-wife to have unrestricted access
to your children as well as to the marital property accumulated during
the marriage. However, if there's already been a divorce as suggested by your reference to your "ex-wife", then it would seem rather unlikely that there are no provisions in your final decree which either directly or by way of incorporation of a property settlement agreement that have in fact not already adjudicated at least some of these various matters which you've referenced.
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