Legal Question in Family Law in Virginia

my son

my ex and i have joint custody of our son she has physical. he had been living with me for the last 6 months and she without discussing it with me pulled him out of school here and moved out of town with him. she's in violation of our custody order by doing that the way she did and she's preventiong me from getting him and speaking to him as the oders allows. i can't afford a laywer and don't know what to do


Asked on 11/09/08, 12:04 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: my son

Yes, if you share joint legal custody of your son with the child's mother, she should've consulted you regarding this move and is now likely in violation of the custody order.

Your remedy is to go to the J&DR Court which hopefully issued the order and ask for a Rule to Show Cause against the mother. (However, if the matter is still within the jurisdiction of the circuit court which granted your divorce, the procedural route is more complicated and you should contact the lawyer who hopefully represented you in the divorce matter and who should be able to advise as to how you should now proceed.)

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Answered on 11/09/08, 12:15 pm


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