Legal Question in Family Law in Virginia
My son's dad and I have joint legal custody with him having primary. This just changed from joint legal and physical 6 weeks ago after my husband and I moved out of VA. Our arrangment states that visitation is to be worked out as agreed upon by both parties. Our verbal aggreement was that my son would come down to MS for 3 weeks and then to Va for 3 weeks, along with routine phone calls. For the past 6 weeks my ex has been ignoring the majority of my calls and will not allow my son to come down for his visitation. I call every day and repeatedly send texts and voicemails. He will not respond. I am expecting and went into preterm labor last week and have been put on bedrest. What can I do? I need to be with my son!
1 Answer from Attorneys
In whatever court now has jurisdiction you will now have to petition for enforcement of the agreed arrangement. (If no court now has jurisdiction over these matters, you will likely have to start over again with the custody/visitation issues by filing a new petition in the court in the state where your son now resides.)
Verbal agreements regarding the kinds of issues which you've mentioned are usually worth about as much as the paper on which they were never written.