Legal Question in Family Law in Virginia

custody from another state and time frame

my son was taken to another state staying at grandma,s

where she is getting help for pill abuse i think that she is just running from her problems and using the church as a cure,i think church is good but not for the issue at hand .most of all i miss my son so very much

and she is being nasty about equill time with him ..what can i do very hurt tom

Asked on 3/11/02, 12:39 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: custody from another state and time frame

Your question was very vague but I will attempt to answer it.

Has either one of you filed for divorce yet?

If so, then you need to go to the court in that state and either fight for custody or establish visitation.

If not one has filed for divorce yet, then either parent has the right to have custody of the child.

(Unless, there is some court that has ruled otherwise -- you did not mention a restraining order or protective order -- so I will ASSUME that none exists.) If there is any court of continuing jurisdiction, anywhere in the US with jurisdiction over the child in question, then ignore the rest of my reply.

If the child is with the grandparent, then you can go and pick up the child. If the child is with the other parent, if the police (or any law enforcement officer) are called they will PROBABLY say that both of you have equal rights to the child. They will probably suggest that one of you file for divorce. However, please be advised that police officers often don't follow the law -- they are not attorneys and often are unaware of family law issues.

If the child is a baby and nursing, the odds are slim that you will get custody away from the mother.

If you live in the Houston area, you can call me at 713-847-6000.

Otherwise, best of luck.

Fran Brochstein

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Answered on 3/11/02, 5:10 pm

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