Centreville, VA asked in Divorce and Child Custody for Virginia

Q: Can I get a woman who tried to run my 8 year old and me off the road listed as an excluded adult on the visitation order

This a a woman who stalked me and my child for years and made threats against me. My ex husband was abusive and has a history of domestic violence. He has been arrested for DMV. He will use this woman and other circumstances to put my son in danger. The woman tried to run my child and me off the road twice and I reported it to the police and got a report number. She has also sat outside my house in the dark watching me bring my child in the house when he was 1. Can I get this individual listed as an excluded person who cannot be around my son? My son saw her and remembers her trying to run us off the road. He also said, "Remember mama, we got away, but another car almost crashed." My son is terrified of meeting this woman. He cries. My ex husband also had a sitter who was unsafe watching our son and I had a PI run a background check, told him about her record or driving under the influence and speeding, and he still wanted the woman to watch our son.

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1 Lawyer Answer
Sonja Aoun
Sonja Aoun
  • Divorce Lawyer
  • Tysons Corner, VA
  • Licensed in Virginia

A: Generally speaking, you may be able to get a protective order for stalking, but the protective order would have to include your child to prevent her from being present during visitation.

If you don't have enough evidence for a protective order, you may be able to get an order that excludes her from visitation.

However, usually the parent who has the child (during his or her custodial time) is entitled to choose their own sitter, or simply spend time with the child in that parent's company. If you have concrete evidence -- especially evidence that is relatively recent -- then you should use that in court to request an alternate babysitter or caregiver.

In order to fully answer your question, an attorney would need the specific details of your case, which should be discussed in a confidential setting.

Please feel free to contact my office for more information.

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