Virginia  |  Family Law

Legal Question

Asked on: 1/29/12, 7:10 am

i recieved residential custody for my daughter for one school year. while here, she got into some legal trouble and is now being ordered to be removed from my home for 12 months. her mother will not answer phone calls or emails, and has decided she doesnt want her home. can she do this? she is 14 years old.

1 Answer

Answered on: 1/31/12, 8:45 pm by Michael E. Hendrickson

If you received residential (physical) custody of this child by order

of an appropriate court and now there's a superceding order (presumably from another court) removing the child from your home, then the preceding custody order needs to be modified to return the child to the physical custody of the mother or other appropriate third party guardian before any

legal responsibility for this custody could attach to whoever is to have this responsibility.

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