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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17463
Experience:  B.A.; M.B.A.; J.D.
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I hve had full physicla custody of my niece last 5 years,

Customer Question

I hve had full physicla custody of my niece for the last 5 years, just this past may I started allowing her to transition back to her mother because things had finally improved. We went to court in September to request a change in cuatody. The judge stated that Virginia still had jurisdiction and refused to do anything except give a letter stating that my niece was residing with her mother and her mother had rights regarding school and medical decisions. She was told she had to get in touch with the original judge and have jurisdiction released in order to have the case heard in Tennessee where we both reside. It was discovered in the process of all this that she intended on stopping all visitation with me the aunt after custody was changed. Fast forward 3 months later. Nothing still has been changed. I started receiving threats after visitation and they stated they were refusing to allow her to visit anymore. They also stated that they were getting a restraining order because they feel that I'm manipulating and brainwashing the child. What can I do about this. According to the Virginia order I still have ccustody? Can they legally refuse to allow me to have her
Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
They are saying I'm trying to make her choose between us because I said that I missed her and wanted to see her more, she is 10 years old. I am currently only getting her every other weekend because her mother is unwilling to give me any other time with her
Expert:  Phillips Esq. replied 11 months ago.

No, they cannot legally refuse to allow the child to visit you. Also and more importantly, you have legal custody of the child and the mother is in no legal position to impose restrictions on your access to the child. You can make things difficult for her by calling the Police and demanding that she hand the child back to you. You may also file complaint against her with the Court in Virginia for interfering with your custody of the child.

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