Q: Joint custody issues in Virginia affecting child emotionally.
I have joint legal custody of my 11-year-old son according to a custody agreement established in Virginia, where I have him every other weekend. However, my ex, who lives next door, sometimes keeps him from coming over, especially when she's upset with me, or sends him elsewhere. This behavior is affecting my son, causing him emotional distress and a nervous habit. Despite my attempts to discuss this with her, she responds with anger or lies, and even involves her family to threaten me. I haven't taken any legal actions yet and I'm unsure if this constitutes any legal violations. What options do I have to address this situation, considering my financial constraints?
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A:
It sounds like your ex’s actions are causing emotional harm to your son, which is a serious concern. Since you have joint legal custody, your ex is required to follow the custody agreement. If she is preventing your son from coming over or sending him elsewhere without a valid reason, this could be a violation of the custody arrangement.
You might want to start by documenting these incidents, noting dates and any behavior that shows how it's affecting your son emotionally. Keep a record of your attempts to resolve the issue through discussion, as well as her responses. This documentation will be crucial if you need to take legal action.
Given your financial constraints, you could look into legal aid organizations that provide free or low-cost assistance in custody matters. They can help you file a petition to enforce the custody agreement or request a modification if the current arrangement is harming your child. Your goal is to ensure your son’s emotional well-being and ensure that both parents adhere to the agreed-upon custody terms.
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