Login|Contact Us
Question and Answer

Criminal Law

Ask a Criminal Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

As a non-custodial parent shown in a joint custody order, there

 
Lawrence D. Gorin's Avatar
  • Answered by:Lawrence D. Gorin
  • Lawyer
  • Positive Feedback: 100.0 %
  • Accepted Answers: 11
Verified Expert
in Criminal Law

Recent Feedback

Positive
Mr. Gorin answered our questions. Thank you. Just a note: we weren't trying...
Positive
thanks for your quick response
Positive
Quick response. Thanks for your help.
Positive
I appreciate your quick response I am sorry I can not pay a tip
Positive
Thank you for all the info.
Positive
thanks for the honesty
Positive
The information given was EXACTLY what I wanted! Thanks!
Positive
Very informative, I would have thought my ex-husband would have been the one to...

Customer Question

As a non-custodial parent shown in a joint custody order, there is a clause giving me the right to exercise visitation with my daughter subject to conditions: a) Notification of illness or accident; b) nothing to estrange child; c) right to visit confined child. Outside of those conditions, I have overnight visitation (friday 9pm to sunday 9pm). Last week, M's mom took "M" to the pediatrician, concerned about M's illness. Two days later, M's mom took "M" to the emergency room. In each instance, M's mom informed me; however, when I asked about the emergency room visit (in the late evening), she wouldn't tell me the location of the emergency room. After each visit, she didn't inform me of the outcome of the visits. Two days after the emergency room visit, the pharmacist called me to come pick up the prescription for "M," and I had no idea what I was picking up -- M's mom forgot about the prescription!

Well, M's mom would not allow me to see M outside of the bi-weekly visitation schedule. M's grandmother refused to let me see my daughter when I exercised my right to see M (I was holding the prescription) on 8/14/10. I'm upset with M's grandmother for interfering with my visitation rights. I'm also upset with M's mom because she refused to inform me of M's whereabouts and arrangements for M's care while M's mom had planned not to have custody of M for the entire weekend (8/13-8/15). When I had M for visitation on the weekend of 8/6-8/08, M's mom wanted to switch the visitation schedule because she had something "important to do" on the weekend of 8/13. I did not agree with changing the visitation schedule, but told her that I'd be happy to take M for the weekend.

M's mom then refused the offer, and when I asked her about the plan for M's care and who would be taking care of M, she didn't know. When she had called me to inform of M's illness, I brought up the subject of M's weekend care for the upcoming weekend, and M's mom refused to discuss the matter, essentially telling me each time that it's not my business. Of course, it's my business, and I want to tell the judge about the lack of cooperation by M's mom. What's the best way for me to lay out my case?

I have an upcoming contempt of court hearing scheduled due to a July 4th visitation that I showed up for according to the schedule, but M's mom had previously refused to arrange; subsequently, "M" was a no-show. There have been prior instances throughout the past two years in which M's mom failed to inform me of M's medical visits (I'd receive insurance provider care statements for M (after the fact) in the mail because I pay for M's health insurance). Does M's mom have a right to treat me as though I have no role in M's health and welfare?

M's mom is a non-US citizen. She left the marriage ten weeks after she received her legal permanent resident card ("green card"), and M was only six weeks old at the time. M's mom raised Domestic Violence issues and was supported by CPS, BOAT PEOPLE SOS, and domestic relations staff at the courthouse. After she had filed a protective order against me (along with child support, custody and restricted visitation petitions) I ended up appealing the initial orders to the circuit court, which subsequently lifted/denied the protective order and the lower court awarded me joint legal custody.

In the big picture, M's mom has committed crimes against the people, marital and legal institutions to pursue wrongful causes. She should be held accountable for wrongful withholding of M and changing addresses a few times without leaving a forwarding address (under immigration rules, she is required to inform USCIS of each address change, which I doubt that she has done).

Going back to her behavior after she obtained her green card, she totally misled the courts and investigators relying on false domestic violence arguments, which didn't stand in the circuit court. I have emails that focus on our wedding ceremony vows that I sent back and forth to her while she was still outside the United States; I was trying to make sure she understood the meaning of each word as the basis to go forward with a marriage ceremony in June 2004. I've been told the Commonwealth of Virginia courts will not hear my case for annulment of marriage. After speaking with an immigration law specialist, I was informed that I need a criminal attorney who can handle the motions involved with these circumstances. I am a US citizen, a veteran, a federal employee, a former volunteer child advocate (12 years ago), and a good dad.

Unfortunately, I don't have family in the area, but I have fared well on managing various family crises over the past two years. My daughter in now 2.6 years old, and I believe she is ready to spend more time (if not full time) with me. Can you kindly, please help me? I'm on a shoe-string budget now even though I earn $92K annually. I have a lot more details to share involving the criminal activity of M's mom. Thanks...

 

Optional Information:
State/Country relating to question: Virginia

Already Tried:
I have retained a limited consultative service of an expert witness whose credentials include being a former USCIS senior deportation officer, multiple appearances before the federal courts as a US government witness in cases involving illegal immigration, police officer, US Coast Guard, etc..

Submitted: 972 days and 3 hours ago.
Category: Criminal Law
Value: $30
Status: CLOSED

Accepted Answer

Picture
Expert:  Lawrence D. Gorin replied 972 days and 1 hours ago.

YOUR QUESTIONS:
1. What's the best way for me to lay out my case).
2. Does M's mom have a right to treat me as though I have no role in M's health and welfare?

ANSWERS:
1. File a motion with the court seeking to modify the terms and provisions of the existing joint custody order so as to make the order very exacting and specific with regard to resolving the problems you have incurred and preventing them from happening again.

Here’s a sample of a Virginia MOTION TO AMEND OR REVIEW ORDER.

Another version, with instructions, CLICK HERE.

Complete list of Virginia court form, CLICK HERE.

2. As to M's mom right to treat you as though you have no role in M's health and welfare, the answer is YES, she can do this, at least until and unless a judge specifically “lays down the law” and tells her otherwise. (And that is why you need to file a modification motion with the court, as suggested above.)

===========================
If your question has been satisfactorily answered, please acknowledge by clicking the green “ACCEPT” button in the upper right hand corner of your screen. That’s the only way I get paid for answering your question. Also, your positive FEEDBACK comments are important, so be sure to add a few words as requested. And I thank you in advance. http://ldgorin.justia.net/index.html

Expert TypeLawyer
Category: Criminal Law
Pos. Feedback: 100.0 %
Accepts: 11
Answered: 8/16/2010

Experience: 30+ years legal experence, both prosecution and defense.

Ask this Expert a Question >
 
Tweet

Criminal Lawyers are Online Right Now

Ask Your Question Now
Criminal Law Questions Date Submitted
Hi I'm in need of someone with experience in criminal law. 3/27/2013
Need Good Criminal Law Atty in Easton, PA (road rage incident, 3/27/2013
I would like to check about getting my criminal records expunged 3/27/2013
I received a DUI. I used the breathalyzer but refused the chemical 3/26/2013
My question and answer are intended to assist me in a novel 3/25/2013
Type your question here. 3/21/2013
how can i find an attorney experienced in federal civil ricoh 3/21/2013
Iowa. Sister is charged with 75 yrs. This will be 2nd conviction 3/18/2013
My lawyer wants me to plead guilty on a charge but I am not 3/18/2013
my son was found guilty of leaving the scene causing property 3/17/2013
RSS
Next 10 >
Ask A Criminal Lawyer
Type Your Criminal Law Question Here...
characters left:

Top Criminal Law Experts

See More Criminal Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Criminal Law

  • Probable Cause Law
  • Questions about Parolee Rights
  • Parole Violation Questions
  • Parole Board Rules
  • Department of Parole Questions
  • Questions on Embezzlement Law
  • Miranda Rights Questions
  • Double Jeopardy Questions
  • Capital Murder Questions
  • Sexual Abuse Questions
All Criminal Law Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Criminal Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
72 Criminal Lawyers are Online Now
Type Your Criminal Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC