Legal Question in Family Law in Virginia

I gave my Grandparents custody of my son 2-3 years ago in order to join the USAF. Even still, i was denied because I am a still considered a single Parent. I have lived with my Grandparents Since 2008, less approx 6 months during last yr. My relationship with them has become increasingly worse (verbal arguments only) so I have moved out to house with roomamtes about 10 mins away. I informed them and my 4yr old son, once i was settled, i'd like him to come and stay with me. My grandfather within a matter of days, has kept me from taking him to school (per our usual routine) as well as told the (private) school to call the police if i ever attempted to visit/pick him up from school. I wish to change the custody arrangement to joint custody so that i cannot be kept from him. I am going to the USN soon and cannot yet resume full custody. Also the Court order for custody as of now grants the "Maternal Grandfather" Physical/Legal custody and grants the " Biological Mother" reasonable visitation...He is in fact my Great Uncle and NOT my grandfather. He is called "grandfather" ONLY because he raised my mother and myself. Because of this fact, would that actually mean that the agreement for custody is null or void because of improper title ?

Asked on 10/15/13, 1:18 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, I think it most unlikely that your current custody order would

be declared "null or void" for the reason you've suggested.

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Answered on 10/24/13, 8:43 pm

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