It depends on what the Custody Order says. Does the custody order allow you to move out of state? If not, then the father has the right to ask the Court to enjoin you from moving the child out of state. The court will then have to determine whether it is in the best interests of the child to... View More

If there has been a material change in circumstances since the last custody order, the court has the option to modify the order if they find it would be in the best interests of the children.

If he continues to deny you visitation you can file a Rule to Show Cause with the court. If the court finds he has been denying you visitation against the order they can enforce the order and hold him in contempt.

If there has been a material change in circumstances since the last custody order he can file for a modification in custody. For the court to grant an emergency motion, there has to be evidence that there is an emergency (ie: something that could be endangering the child's life, health, or... View More

If the Order was issued by a court in Virginia, and there has been a material change in circumstances, you would be able to request a change in the Visitation order. If he has lost his home/apartment since the Visitation order was entered, it may be a change that the court would consider for... View More

You have to follow the custody agreement in that you can not withhold your child from his father. If his father is not asking to utilize the visitation he has then you are not withholding the child. If there is a provision in the order that his father has the right to reasonable phone contact... View More

You will need to file a Petition with the Court stating that he needs a Guardian. You will need documentation from his doctor that he is not able to make informed decisions for himself. The court will appoint a Guardian ad litem to represent your son. If the evidence shows he needs a guardian,... View More

We as attorneys need more information and background details of the case to better tell you an answer to this question. However, most likely the custody will be granted to the parent the kids reside with and the other parent will get visitation or both will share. If he owes than most-likely you... View More

It depends on what the Custody Order says. If the Order is silent on the issue, and you decide to move, the other joint custodian has the right to file with the court to enjoin you from moving with the child.

Where is the custody hearing scheduled, Florida or Virginia? if it's Virginia, you should ask your question in Justia › Ask a Lawyer › Virginia › Family Law.

A move is certainly considered a material change in circumstances. Seek out a local attorney to discuss the facts of your case in more detail.

You likely already have a status hearing date, which is probably after the January 3 mediation date. If your husband does not show up for the mediation, then when you go to the status hearing if you have not come to any type of agreement, the court will set your case for a trial date at which time... View More

There are insufficient facts to determine the likelihood of success. Any lawyer would need to sit down and speak with you all in more detail to determine the likely result. Schedule a consultation with a local lawyer as soon as possible.

You may or may not have a grounds for divorce. The first step you need to take is to speak with a local family law attorney in your area. The attorney will have several questions for you before determining what steps you need to begin taking to protect yourself, and what your rights are.

Not without the Court being involved. If there is talk of doing this, immediately consult a local lawyer.

So are there no orders in place for custody, visitation, or child support? If there is no order in place for custody/visitation, you options depend on how long the child has been living in the state she is now in. If no order, and the child has been living in the new state for 6 months or more,... View More

The answler to your question depends on several facts that are missing from your fact pattern. Do courts transfer jurisdiction? Yes. Will they always? No. Schedule a consultation with a local lawyer to discuss the specifics of your case in more detail.

Is there a custody/visitation order in place? If not, he can file for custody/visitation so that he may get an Order.

Anything is possible with Virginia custody law. Judges have significant discretion to award any kind of custody and visitation arrangement based upon what is best for the children. In order to get a good idea of what will likely happen in your case, you need to schedule a consultation with a local... View More

Although you might think this is a criminal situation, it is a family law issue. (This section of the website is for those with questions regarding criminal offenses.) I will try to transfer your question to that area of law.