Legal Question in Family Law in Virginia
This is a sort of long story I will try to sum it up as short as possible. I seperated from 2 of my childrens mother over 4 years ago.I have lost visitation of them due to the mother bringing an outdated note from a doctor stating due to the youngest having a liver transplant neither of the children should have to stay w/ me b/cause they could get sick. We had a guardien adlitum which I told the mother had both the children in several situations like daycare that completely went against this document. She did not do her job & look into this & I had no way of proving it so the judge canceled my visitation. I have been completely stumped on what do do about this & have not seen them for over 2 years now. Also, prior to this the mother had child support done & I was appointed to pay an amount that was way over the amount that I was even bringing home at that time. They didn't count other child support I was paying out & they didn't go by my income. I am paying her $597.00 a month & also paying $375.00 to my other childrens mother. At the time this was appointed I was only making $7.00 an hour. My current fiance & I just had a baby also. What I am needing to know is what can I do about the visitation & also what I do to get the child support reduced to the amount it is supposed to be. I am currently paying out over $1000.00 in support & w/ my current job I have now I have moved up in pay from only bringing home $100.00 every 2 weeks to bringing home $400.00 every 2 weeks. I am not a dead beat dad, I don't mind paying my support, but I need to be able to pay for the basic necessities which I can't do right now. I am lucky to even be able to pay the rent. Please tell me there is something that can be done. There is more to all of this so I may have more questions later. Thank you.
1 Answer from Attorneys
Child support and visitation are separate issues, legally speaking, and one is not dependent upon the other. Nevertheless, it would seem advisable for you to seek a consultation with an attorney who handles domestic relations law matters and who should be able to advise you on both of these issues once s/he has had an opportunity to review the relevant facts and pertinent documents associated with them.