Legal Question in Family Law in Virginia

Re: Visitation/attorney fees

Two questions, can I get attorney's fees if he abuses the court process and keeping step mom out of the transfer process.

Virginia law allows for attorney's fees in Juvenile and Domestic Court at the judge's discretion. You need to make a motion to have your fees awarded. I have had fees awarded when it was clear to the court that the process is being abused. Attorneys fees will be awarded when an agreement calls for them. For instance, many custody and support orders are contained in a separation agreement which is then merged into a divorce. Almost all separation agreements call for the payment of attorney's fees if any part of the agreement is breached (and this includes the provisions of custody and support). Furher the courts routinely award fees if someone is brought into court for failure to pay support. You may be tired of the court process, but this is the only remedy you have to force him to do what the court ordered him to do.

Blackballing the step mopther is more problematic. Virginia law is moving in a direction to say that step parents have PARENTAL RIGHTS to children who live in their house and this includes the parental right of corporal punishment. You can get the transfer place changed easily enough by bringing the disturbances to the court's attention, but it would take extraordinary evidence to keep a child away from the step parent.

In either case it is always a smarter move to have a competent attorney represent you.

Good luck

Re: Visitation/attorney fees

You should be able to ask for a modification of the visitation arrangement at the upcoming hearing and also for reasonable attorney's fees if you engage the services of counsel(which may act as an inducement for your ex spouse to avoid frivolous court actions in the future).