Legal Question in Family Law in Virginia

My son's father decided 2 years ago that he did not want to have anything to do with our son. He was getting substantial visitation and simply stopped visiting. There was a GAL involved on the case who begged him not to cease contact with our son. An order was entered that terminated his visitation and awarded me full physical and legal custody. Our son is now 4 years old and the bio father has changed his mind. My son now knows my husband as his father.

I would like to hear from any attorney that thinks they could convincingly argue that the current visitation/custody order should not be changed because there has not been a material change in circumstance. Thank you.


Asked on 4/15/11, 12:50 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

More information likely required on what caused the biological father

to change his mind which could have a bearing on this core legal issue involving

whether there was "a material change in circumstance".

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Answered on 4/16/11, 9:39 am
sheryl shane sheryl shane, attorney at law

Unfortunately, most judges want both biological parents involved if possible. Look to what are the best interests of the child.

There are many factors to consider and argue.

Good luck. Attorney Sheryl Shane. Web: www.sherylshanelaw.com.

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Answered on 4/16/11, 2:00 pm


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