Legal Question in Family Law in West Virginia

Child in school no custody order

I am the step father of a five year old boy. My wife is fighting custody of our son, his father lives in OH and we live in Va, however the case is in WV. Our child is now 5 and in school my wife and I have him in private school and his father has him in public school, both in differet states. The court has not made a discion on custody yet. What can we do? His father has called CPS on us, and evertime there is no findings, he runs off with him and we have had to go to court to get him back, he constantly breaks the current joint order and we never break it, our lawyer says there is nothing bad about the father and that it stand either could get custody. Is there a temp order we can file for until a perminant order comes out? Can a court not make a dission even though the child is in school? What do we do about this? The father was told by the judge in court not to prompt witnesses for answers and to stop chanting, he is indian. Please email me on what we should do....


Asked on 10/13/02, 7:48 pm

2 Answers from Attorneys
Elizabeth Jones Elizabeth Ann Jones, P.C.

Re: Child in school no custody order

This question has been psoted to me twice by lawguru. The first time, I refused it on the grounds that it is the wrong jurisdiction for me. I practice only in Virginia, not West Virginia, and, therefore am unable to respond because you and your attorney have brought the case in West Virginia.

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Answered on 10/14/02, 11:34 am
Wayne Comer Wayne E. Comer, Esquire

Re: Child in school no custody order

Dear Sir, I am very sorry but I am not able to suggest any solutions in your case. I only practice in VA and D.C. I do not participate in

West VA matters.

Wayne Comer, Esq.

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Answered on 10/17/02, 1:54 pm


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