Legal Question in Family Law in Virginia

Re: Seperation and children

I'm not sure what you mean by going for a separation, since you also say that you already are separated. However, with respect to his rights concerning your child, it would be possible for him to seek a temporary order regarding custody and visitation prior to any divorce. The court ultimately will render a custody order that is in the best interest of the child. With respect to visitation (e.g. if you have primary or physical custody) he could seek to have the child overnight; whether such visitation would be awarded depends again on what is in the best interest of the child. Note that courts typically permit visitation unless restrictions are necessary in that it would be harmful to the child. Although it may be painful for you, the impact on you of having your child visit with your husband would not be deemed a reason to restrict his access. Rather you would need to demonstrate that such visitation would be harmful for your child.

With respect to his control of your money, and the ability to see an attorney, if you have the ability to write a check or pay with a credit card you may consult an attorney; although your husband will find out, and may not be pleased, does not effect the fact that you are entitled to protect your rights in this situation.