Reston, VA asked in Family Law and Child Custody for Virginia

Q: I have sole legal and physical custody, petition for amendment but I'm not recognized as respondent. How can this be ?

I am a paternal great grandmother with custody of my great grandson who has lived with me since birth and will be 14 this October and has never lived with his mother who has petitioned to amend custody and my grandson, the father is currently incarcerated and has been provided a GAL. Neither has custody but filings list mother as petitioner and father as respondent when it has been adjudicated that I have sole legal and physical custody. It appears the mother has led the court to believe my grandson , who doesn't have a permanent address and uses my address for his mail, had custody and the child was left in my care which is not true.

Related Topics:
1 Lawyer Answer
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
Answered
  • Divorce Lawyer
  • Glen Allen, VA
  • Licensed in Virginia

A: In Virginia, a motion to modify or amend must reference the existing order and recite its relevant provisions. If a third party has custody or visitation, that person is a necessary party to the proceeding, and must be served with notice. In order to prevail, a person seeking to modify an existing custody or visitation order must first demonstrate a material change in circumstances justifying a change in custody or visitation, and then must demonstrate that the child's best interests would be served by the proposed change in custody or visitation.

Anyone facing a motion to amend custody or visitation should consult with an experienced Virginia family law lawyer.

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.