Legal Question in Family Law in Virginia

Re: willful desertion

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Re: willful desertion

You absolutely positively must do one of two things with regard to the visitation/custody of the child: 1) you either need to enter into a written agreement (preferably drafted by an attorney) which details your custodial access to the child; and 2) if she refuses to enter into an agreement on equitable terms then you must file a petition for either custody or visitation of the child. If she is not giving you the amount of interaction with the child that you deserve then you must not wait to file an action for custody or visitation otherwise you could seriously harm your case.

At the end of the day, it is less expensive financially and emotionally for the two of you to enter into an agreement, as litigation can be extremely expensive and seriously damage your ability to co-parent, but at the same time you must protect you rights and the best interest of your child.

As for the property issues, again you can enter into an agreement to finally resolve all the property and support issues related to your marriage, but you may have to file for a divorce from bed and board if she refuses to enter into an agreement. We would have to discuss, in great detail, the pros and cons of each approach. Feel free to call me at 703-598-9220 if you would like to discuss this further.