Legal Question in Family Law in Virginia

My wife has two kids from a previous relationship. This guy is a total douchebag. Sorry not really a legal term. Anyhow, he is constantly harassing her with phone calls, cussing at her, calling her a bitch and alot of other words. We have told him he is not allowed on our property. He still threatens to come over. He repeatedly drops to kids off at a nuetral place with beer on his breath. The boys have come home numerous times injuried. Once he left them alone the 6 year old to wtach the 5 year old while he went next door to drink a beer. The 5 year old drove the four wheeler into a fence that left a mark across his neck. This guy came home and yelled at the 6 year old for not watching him. The boys have told a doctor that they go to about one time he made them touch an electric fence. He even poured water on one of their heads and made him touch it again while they laughed. Yet he is constantly taking her to court for the same stupid reasons. I am currently deployed to Afghanistan. I have been here for about 7 months now and my wife has had to go to court almost every month. Is there anything that can be done for the harassment of my wife against this guy? Also is there anything that can be done for the welfare of my stepsons? The guardian says there isnt much he can do. This going to court every month is ridiculous. How can this situation be resolved. Does the legal system still work? The judge seems kind of partial according to my wife due to the money of the family of the guy she used to be with. I being in the military do not have alot of money. How can i fight this situation for the welfare of my family?

Asked on 10/04/10, 2:39 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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You have failed to clarify the custody status of the parties involved(your wife and

the father of the boys) and why the court has appointed a guardian in the

matter, and, furthermore, the nature of the court actions which your wife

has been involved with "almost every month".

If your wife has only shared custody with the boys' father, she may wish

to consider petitioning for sole physical as well as legal custody with

only supervised visitation permitted for their father. However until the issues

referenced above are sufficiently clarified, it would be difficult (in my

opinion) to offer a reasonable course of action for your wife to

pursue under the particular circumstances of this case.

Answered on 10/10/10, 7:48 am

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