Legal Question in Family Law in Virginia

My ex wife, who is not the biological mother of my child has abducted my biological child. She has presented a temporary document that was issued over 3 years ago during our separation and since then removed from court records by order of judge. The document had temporarily given us joint custody and her primary custody since I was living out of state at the time of separation. The guardian at Litem, her divorce attorney, and the Judge overseeing the case dismissed the hearing after all parties withdrew the petition. We have been divorced for over 2 years and my ex wife, my child's ex stepmother have had no custody or visitation. My child has lived with me since 2014 when the petition was withdrawn. My child was punished for having a narcotic in her possession, she is 13 years old. My ex wife offered to consult with her by having her stay over her house to talk with her and never returned her. The police and school authorities contacted her and she presented the temporary document that was withdrawn from court as her having court ordered custody. My ex wife and the biological grandparents have filed a motion with the court to amend the petition that was withdrawn from court in 2014. I have full legal custody but the lawyer representing the grandparents is claiming that the order is still in effect, even though there is a court order superseding the date of temporary order withdrawing the petition from court. I still do not have my daughter at home, and have had to pay out a large amount of legal fees to get her back home. my attorney has advised him of the fraud and asked him to remove any orders contesting the old petition and the lawyer for the grandparents has ignored our request. We have all legal documents that clearly state that my custody order is standing although they refuse to acknowledge it and are still making motion after motion in court to amend the petition that was withdrawn. What legal recourse do I have against the ex wife and grandparents for damages from loss of work, stress, and damage to my child for being abducted and brainwashed into believing that she is going to live with the grandparents? Is there civil lawsuits? Criminal lawsuits? What exactly am I entitled to for the tortious interference in my custody that they have caused?


Asked on 4/11/17, 12:31 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

So. what does your current attorney have to say about all of this imbroglio? . (Furthermore. if you have a valid document sustaining your claim to sole custody of your daughter. why haven't you bothered to just go and get her and bring her back to your home in Virginia?)

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Answered on 4/12/17, 9:31 am


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