Legal Question in Family Law in Virginia

If a custodial is sentenced to jail what is the proper procedure the non custodial parent should take to obtain the children? What is the rights of the non-custodial parent who has visitation? Should non-custodial parent just go get children? The custodial parent is remarried, the spouse is not in the custody order.

Asked on 9/18/13, 2:08 pm

1 Answer from Attorneys

Paul B. Ward Law Offices of Paul B. Ward
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the procedure is to file for a change of custody in the court where the custody was last determined. If the other parent is incarcerated it gets a bit more complicated, in that a guardian ad litem must be appointed for the incarcerated parent.

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Answered on 9/19/13, 5:28 am

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