Legal Question in Family Law in Virginia

Re: Wife unconsentually left with children

My first question to you is: what makes you even say... "not necessarily need to divorce"? If your wife packs up, leaves you and disappears she must be thinking about a separation which in time means divorce in most cases. If you do not wish to divorce, then you must be thinking about reconciliation which then means that you should not be too much concerned about getting the children back unless you think that she is not a good mother. If she is not a good mother, then divorce seems to be the right option... So I don't quite understand your position. Going back to your question: if you know where she is, then you can file with the court a petition for custody. The Court will decide the custody case taking into consideration the "best interest" of your children, this is a decision which takes into consideration "the totality of circumstances" and the fact that she left you means by itself very little. As far as property, you can also ask for a division of marital property and petition the Court to make her return things that you can claim as being yours and only yours.

Good luck... but first ... I think you need to evaluate your situation better.

Sincerely,

Tiziana Ventimiglia

Re: Wife unconsentually left with children

You should immediately consult with a Virginia lawyer concerning your legal rights and the application of the law to the facts of your particular situation. The following is general legal information about child custody and visitation disputes in Virginia.

In Virginia, the guiding principle in child custody and visitation matters is the best interests of the child. The best interests of the child are rarely served by a contested custody battle in court. Assuming neither parent is unfit, abusive or neglectful, parents should first try to preserve the marriage and the family unit with marital or family counseling. If the parents cannot reach an agreement to stay together, child custody and visitation issues may be resolved through the alternative dispute resolution (ADR) process with a trained, neutral mediator. ADR offers the possibility of a less adversarial, faster and less expensive procedure for settling child custody and visitation disputes than a traditional court case.

If parents are unable to resolve their differences through negotiation, counseling or ADR, a parent may petition the court for a determination of support, custody and visitation rights. Both the Juvenile and Domestic Relations Court and the Circuit Court hear child support, child custody and visitation matters, depending on how a parent decides to proceed. Virginia requires that parties involved in a child custody dispute attend a parent education class within 12 months prior to, or 45 days after, their court appearance. The Virginia Court System website has a list of parent education providers at http://www.courts.state.va.us/parented/providers.html#forms

In a proceeding for the dissolution of a marriage or a divorce from the bond of matrimony, either party may request that the court determine the equitable distribution of the marital property. If a party suspects that the other party may be using marital property for his or her own benefit, that party can ask the court for a freeze order to preserve those marital assets to meet any later court order.