Legal Question in Family Law in Virginia
Visitation Rights
I would like to know what the process is in recieving Visitation rights from the J&DR court in my ComonWealth Virginia Beach Virginia. Could i go to the Newport News Court house contact the Clerk fill out the papers and do the initial proceeding by myself. it has been four years since i have seen my son now and i just would like to modify the visitation order and dont know the complete process. Allegations of child sexual abuse surounded the case but i was proven not guilty by the military administrative separation board. what would i need to prepare for my case and prove to the judge that i am capable of having a relationship with my son now?
1 Answer from Attorneys
Resumption of Visitation
This response to your posting is not intended to be the giving of legal advice or the establishment of an attorney-client relationship. Competent legal advice can only be given upon a fuller statement of facts than is contained in your posting and, in this Office, the attorney-client relationship is only undertaken upon the execution of a written fee agreement.
If the last visitation/custody order was entered in Virginia Beach, you cannot now seek visitation in Newport News unless the child now lives there. Once you have decided which of the juvenile courts is the appropriate one in which to seek visitation, you should begin that process by contacting the Court Services Unit and talking with someone there about filing the visitation petition. If, as your posting suggests, there was some allegation of sexual abuse on your part, the fact that a military administrative separation board found you not guilty will have little bearing on the Court's ruling. The key in any visitation determination is what's in the best interests of the child.
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