Legal Question in Family Law in Virginia

You have several options!!

This response to your posting is not to be construed as the giving of legal advice or the establishment of an attorney-client relationship. Accurate legal advice can only be given when more facts are known and, in this Office, the attorney-client relationship is only established upon the execution of a fee agreement.

There are several things that you can do. Commonly, lower (juvenile and domestic relations district) courts include in orders, when necessary, a prohibition against either parent cutting down the other in the presence of the child. There is reason why the divorce (circuit) court cannot include a similar provision in its orders. If such a provision is not currently in an order entered in your case, it might be a good idea to ask for an amendment to include such a provision.

Also, Virginia Code Section 20-124.3(6) provides that one of the factors that the court can consider in determining custody is the propensity of each parent to foster a relationship between the child and the other parent. Depending on the particular circumstances, and, if you are interested in obtaining custody, you may be able to argue that your ex's comments constitute a change in circumstances that justify the court's re-examining the custody determination.

options for false remarks

You may have the option of a suit for slander or defamation, depending upon what is said. This may not be what you desire, but if the remarks are in fact defaming you, a suit is one other option. This reply does not intend to establish any attorney-client relationship, nor is it an answer to your specific legal situation.