Legal Question in Family Law in Virginia

Child Laws

My ex takes my son on the weekends. He doesn't want to follow the custody rules. He picks him up when he wants and drops him off earlier than stated. Sometimes he doesn't take him at all or he cuts his time short. When he has him, he doesn't feed him properly, fast food all weekend long, and he shares a bed with him. Our son is 3. I have to provide his clothing. My son comes home very upset and at night, will not go to sleep without me laying in bed with him. When my ex has him a couple weekends in a row, he decides he doesn't have time for him, and makes up excuses saying he can change custody around when he wants. My biggest thing, is that he doesn't follow the custody order, he feeds him nothing but fast food, MC Donalds, Taco Bell, etc. And he has him sharing a bed with him. Is there something I can do about this? Everytime I bring it up he threatens to call CPS and try and take our son from me! He is making this very hard on me! Please help!


Asked on 1/07/08, 11:48 pm

2 Answers from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Child Laws

Mr. Steuart has has given you good advice. To me it sounds more like a contempt action than a modification. Elizabeth Powell

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Answered on 1/08/08, 10:16 am
Christopher Steuart IT Forensics, Inc.

Re: Child Laws

It is unclear from your statement whether you are in VA or WA. I will address this as a Washington case: You can file a motion to show cause re: contempt. I encourage you to have evidence other than your statement on his pickup and drop off actions, or his failure to take your child. (That is have other witnesses, a judge or commissioner will give significant weight to your testimony (declaration), but more weight is given to testimony (declarations) of non-parties). Although contempt is not difficult work you should seriously consider retaining an attorney, as you can not afford to make mistake. You may want to also consider modification of the parenting plan, if you do that you will probably want to have a Guardian Ad Litem appointed. A modification is more complex and again I would encourage you to retain an attorney.

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Answered on 1/08/08, 5:37 am


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