Q: This couple was never married. There is a child that was taken out of state without permission. Is it illegal
My son has joint legal custody. I am the grandmother and have visitation. The mother gave no notice; she withdrew my granddaughter from school without my son's consent. She called and told us she was in danger as well as the kids (she has 3) and was fleeing the state. We got the call 11/18/27 however she took the children out of school on the 15th. This was all preplanned. She was supposed to give notice of moving. So she left Va. And is now in Texas. My son filed for an emergency custody hearing and show causes for visitation violationd. I too have filed a show cause. The problem is that we probably got posted service as she had already left her apartment in Prince George, VA. So the service probably isn't any good. What can we do?
A:
In addition to the civil action you describe, there is also a criminal alternative that you could pursue through the Commonwealth's Attorney Office.
Va. Code § 18.2-49.1. Violation of court order regarding custody and visitation; penalty.
A. Any person who knowingly, wrongfully and intentionally withholds a child from either of a child's parents or other legal guardian in a clear and significant violation of a court order respecting the custody or visitation of such child, provided such child is withheld outside of the Commonwealth, is guilty of a Class 6 felony.
B. Any person who knowingly, wrongfully and intentionally engages in conduct that constitutes a clear and significant violation of a court order respecting the custody or visitation of a child is guilty of a Class 3 misdemeanor upon conviction of a first offense. Any person who commits a second violation of this section within 12 months of a first conviction is guilty of a Class 2 misdemeanor, and any person who commits a third violation occurring within 24 months of the first conviction is guilty of a Class 1 misdemeanor.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
