Legal Question in Family Law in Virginia
My son, age 6, was staying with his father's parents while he was deployed (air force) to Korea. While he was gone, they initiated custody changes without notifying either of us. I got the notice of the hearing to finalize this change a few days before my husband returned. It was set for the day after I received the notice, and since it was in Virginia and I was in Iowa, there was no way for me to get there by the time mentioned.
The custody hearing was postponed, thanks to a communication from my husband's first Sargent. We made it there together. His parents, in the hearing, strung together a line of outright lies and half-truths, and managed to convince the judge to give them custody of our son. They did this without a shred of actual evidence against either of us, and we can disprove most of what they have said by assembling documents from his past and getting statements from people involved. Unfortunately, we do not have the funds available to get a lawyer.
The court gave us visitation rights- of a sort. We are allowed to speak to our son twice a week. But on 10 November (tonight) they refused to let me, as the mother, speak him. Their only justification was that I "was not completely on camera," and that that frightened my son. The last time I spoke with my boy, We had well over a half hour chat, and he showed no sign of intimidation of any kind.
My husband's (Heath's) parents were neglectful and abusive of him by turns, although they took good care of him until he reached his pre-teen years. We honestly believed they had reformed, and that they could be trusted with temporary care of our son, but they have proven otherwise... and we are left in a battle we never expected to fight.
The court order said they were to allow us contact with him twice weekly at 6pm. They denied me this right, tonight.
Any advice would be welcome.
1 Answer from Attorneys
My only question: Why did you not apparently appeal within the alloted time frame what is presumably an order of the J&DR;Court to the circuit court for a trial de novo in the matter (with or without a lawyer)?
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