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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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my son is here visiting for the summer. His father was to

Customer Question

my son is here visiting for the summer. His father was to pick him up on Sunday at 1:00 but never came. After getting intouch with him he stated that he would be picking him up on Tuesday after court (we had court date to set a date for trial) cause he could not afford to travel here (he lives in Virginia Beach and I live in Luray.... a four hour plus, one way trip) twice in one week. So today in court he was not there, and the court explained that he had called and stated that he would not be there, to go ahead and set a date and just let him know. I have not heard from his father at all. Not even to tell me that he was not going to pick him up today! So now what should I do? Do I have any rights to get custody back of my son?
Submitted: 3 years ago.
Category: Legal
Expert:  Sam replied 3 years ago.

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

Well it sounds as if the GAL is going to contact him and get an affirmation on a pick up. You certaintly can file for an emergency hearing to get temporary custody. But if there are things pending, I suggest the court is not going to grant that.

At this juncture because the GAL is going to call him and see why he is not there and make arrangements to pick up, I suggest you need to wait until you hear one way or the other.

If you do not hear anything tomorrow, then go and file for the emergency temporary custody and then he cannot have the child until he appears in court and shows cause as to why you should not be given full custody.
Customer: replied 3 years ago.

Thank you!

Expert:  Sam replied 3 years ago.

You are welcome

Good luck