Legal Question in Family Law in Virginia

Will I lose joint custody?

My ex lives in Virginia while I live out of state. We both agreed to the move and since then she has denied visitation for a year now with my daughters (5 and 3) She has also limited contact where I have only been able to speak to them about 5 times on the phone. I went along thinking that she would come around and most recently she has put in for sole/full custody based on the grounds of abandonment by me stating I have not had contact with the children. I have documented the phone calls and have phone records as well. I have come up with a parenting plan and submitted it to the court. She has asked for visitation to also be at her discretion. She is doing this because I refuse to sign over my rights and she is hoping to get them taken away. I put in a motion asking for continued joint custody with the proposed parenting plan for the visitation schedule (summer vacation, spring break etc) or for continued joint custody with the primary residence changed to myself. She has also stated since we split in 2004 if she has anything to do it I will not be able to have contact with my children and that my son (who is not hers) will not be know my them. She has said this in emails and posted in blogs. What do you think the outcome will be


Asked on 5/18/08, 11:44 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Will I lose joint custody?

If the mother has been violating the current court order regarding visitation, you should've filed a Show Cause action against her when she first began denying your visitation a year ago.

The mother's motion for full custody will likely be denied and she may be sanctioned by the court for denying your visitation.

The current joint custody arrangement will likely be continued and some aspect of your proposed change in the visitation schedule possibly adopted by the court and incorporatd into its amended order.

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Answered on 5/19/08, 7:33 am


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