Legal Question in Family Law in Virginia

Custody of my child

I reside in VA,was married and divorced in India, and have custody of my son age 9. My ex has never sent me a penny of child support(I did not ask for any), but is in touch with my son by phone and yearly visits.My EX and I are both remarried.(He claims that his new marriage is also on the verge of breakup) I am a homemaker, my present hubby is processing our GC in the US. My Ex is immigrating to Canada, to be closer to my son snf visit him more frequently.I dont completely trust him and hate leaving my son alone with him on his visits. It is also a great disruption in our life. If I refuse to give him any further contact with my son, can he take any action here in US legally? Is there any way I can keep him from entering the US?(he has a 10 year visit visa)

My son is not close to him,hates taking his calls and has no objection to this.


Asked on 3/13/04, 7:30 pm

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

Re: Custody of my child

You cannot prevent your ex-husband from entering the United States.

If your former husband succeeds in entering the U.S., he would be free, even as a non-citizen, to file actions in the family court in the jurisdiction where you live in order to establish

whatever rights which may be available to a non-custodial parent such as he in the particular

circumstances in which he finds himself.

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Answered on 3/13/04, 11:54 pm


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