Legal Question in Family Law in Virginia
My son's father is wanting joint physical custody of him. We had went to court in September for the final say as to who has custody. The judge offered us both joint physical custody, 50/50, based on the recommendation by a guardian ad litem. I had accepted it and he had denied it. Well needless to say, I ended up with sole physical and legal custody of him and his father has visitation. If he were to appeal that decision, what are the odds that the current court order will be changed? Will he be awarded joint physical even though he refused it last time? Our son is only a year old right now and has 2 sisters that he is extremely attached to as well as an aunt. He does not display any sort of attachment with his father. If we do end up having joint physical custody, will him paying child support to me be null and void? He has been sneaky in the past and I'm just afraid that it is another attempt for him to get out of paying child support or worse get child support from me, considering I do not receive child support from my daughters' father. When we went last month, he either wanted sole physical and legal custody with me having him every other weekend, which is why he denied joint physical. If he appeals this which he has to do no later than Thursday, it will be going to a circuit court. We were in Chesterfield County last month. I just feel that it would not be in the child's best interest considering he is so little to be away from the family that he spends a majority of his time with and has since the day he was born.Any insight into this would be extremely helpful. Thank you.
1 Answer from Attorneys
If the matter were decided in the J & DR Court in Chesterfield County last month, he would've had 10 days to note his appeal from the date of the verdict. Today is the 11th of October. It would appear that the time for him to have asked for a trial de novo in the Chesterfield Circuit Court has already passed.