Legal Question in Family Law in Virginia

Re: Father's Rights

You have every right to your kids! What you should do is immediately (even before she leaves) petition for custody of the kids.

Her leaving the marriage is a factor the court will consider in granting custody.

Also, it is very important for you to know that if she were to leave with the children you must immediately file for custody because another state (and perhaps another country) could have jurisdiction over the children if you do not file in your area within six months and that would mean that you would have to travel to that area to defend your right to custody.

The wise thing to do, for a number of reasons too numerous for email, in these circumstances is to file for custody now in the county of the state in which you now live. This would give the state (I believe your question posted VA as applicable) jurisdiction so if she were to flee with the children your local VA court would continue to have jurisdiction in most cases.

Also, continue to have as many friends and relatives as possible observe her behavior toward you and your children. Talk to the school personnel to determine whether the children have already been affected and express your concern that they may be hurt by your wife's behavior so as to ask them to observe the children under watchful eye.

Call my office so that I can advise you further. There is simply too much to advise in an email and there is much I would like to say to you to protect your rights!!!!