Legal Question in Family Law in Virginia
I know this is kind of long but I want you to know all the details. Almost 2 years ago my x got custody of our son because I was late meeting a few times and he didn't go with his dad on some of his weekends. So the judge ordered us having joint legal custody with him having physical. I ended up having to go to jail for 3 months for a nonviolent misdemeanor and just came home on June. Not long after I got home I got court papers saying that he has petitioned the court asking for me to have supervised visitation and that the court grant that the step mother have decision making authority over school and medical. I have never hurt my child done any drug and have never been convicted of any felonies. Also the judge had order that there was to be no drinking alcohol around my son. I recently found out and have proof that he was drinking around my son. I don't have the money to hire a lawyer and he has a lawyer already. We go to court about the supervised visitation and the thing to see if they grant the step mother decision making authority. Should I file papers about the alcohol? What advice can you give me about them asking for supervised visitation and granting step mom decision making authority? Please help.
1 Answer from Attorneys
At the scheduled hearing, you could raise the issue (at the appropriate time) of this father's alleged violation of the judge's no drinking order without filing papers
regarding this particular issue, but, if you do, you should be prepared to corroborate this allegation with credible proof at the hearing.
And, as for this father's attempt to strip away your joint legal custody
status, if your misdemeanor conviction has no significant bearing
on the issue of your parental fitness, you should so inform the court and
ask that the father's petition to modify the current custody order be dismissed
on the grounds that there have been no material changes in the circumstances of the case since the last order was entered that would now warrant any changes in this order (my opinion).
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