Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Failure to pick up children per court order in Virginia? Not…

Failure to pick up...

Failure to pick up children per court order in Virginia?

Lawyer's Assistant: What steps have been taken? Have any papers been filed in VA family court?

Not yet. Im planning to file and was told that he must not show before I can.

Lawyer's Assistant: Have you talked to a lawyer about this yet?

I was told to check with legal aid assistance. I have family that will assist with paying

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

He has refused now to pick up the children. Is this not abandonment?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can we charge him with abandonment or can he charge us for not taking them all the way back to VA? We drove from NY and he is supposed to meet us New Milford, PA.

Show More
Show Less
Ask Your Own Family Law Question
Customer reply replied 4 months ago
Still waiting. Was told 8 mints at 1609 hours. It is now 2038 hrs an stil no response. I’m already disappointed.
Answered in 4 hours by:
4/3/2018
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,327
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Ask Your Own Family Law Question

Good evening,

Under Virginia law, that is not abandonment. Abandonment means not having any contact with a child for at least 6 months. Unfortunately, even if a non-custodial parent has been granted visitation time, a court cannot force them to actually do so, and a judge will not hold them in contempt for their failure to exercise their visitation rights. Repeatedly missing visitation can be grounds for a modification of the custody/visitation agreement and where a parent has had no contact with a child for at least 6 months, that may be grounds for a termination of their parental rights, though there must be a hearing on the matter, and that is something that is typically granted only in extreme cases.

Please let me know if I may clarify anything or provide you with additional information.

Ask Your Own Family Law Question
Customer reply replied 4 months ago
My question which I don’t not believe you have answered was he had refused to pick up the children to which he had primary physical custody.

Oh, I didn't see where you said he had physical custody. Give me a moment, please.

Ask Your Own Family Law Question

Please understand that a private citizen cannot charge anyone with a crime. Only the prosecutor's office can decide whether to charge someone. Potentially this could be charged as child neglect. What you could do is report the matter to police. I'm assuming you are the non-custodial parent? It sounds like you are going to file for emergency custody of the child? Given the circumstances, where the father is refusing to take custody, I cannot see a judge refusing to grant at least that pending a hearing on modification of the custody agreement.

Ask Your Own Family Law Question

He can report the matter to police, but you are not willfully denying him access to the child. He is the one who has made clear that he does not wish to take custody of his child. Again, I cannot see a prosecutor actually filing charges against you.

RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,327
Experience: Experienced in multiple areas of the law.
Verified
RobertJDFL and 87 other Family Law Specialists are ready to help you
Ask your own question now
Joycelaw
Joycelaw, Attorney
Category: Family Law
Satisfied Customers: 124
Verified
Phone call session started
Customer reply replied 4 months ago
I’m ready to talk when you are.

A different expert than me actually accepted that phone call request (the offers for the phone calls are submitted automatically by the website, outside of expert control and open to any available attorney who is online to take). I trust they should be calling you shortly if they have not already.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,327
15,327 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

15,327 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I have joint custody with my sons father my son is visiting
I have joint custody with my sons father my son is visiting for the summer and I had to file a complaint for suspected child abuse what do I need to file in VA (child is a Va resident I'm a Fl residen… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
847 satisfied customers
I was served with papers for divorce aftr my husband lrft
i was served with papers for divorce aftr my husband lrft and was mia for nine mos when he came back..there is so much to the divorc,physical abuse,mental,va benefits,support,penion,i have no more tim… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
From what I have read, I can charge my husband for criminal
From what I have read, I can charge my husband for criminal abandonment for forcing me to leave my home through bad behavior (domestic violence) while I was sick and now injured thanks to him. He empt… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
653 satisfied customers
I need some advice for my brother. He has heart problems and
I need some advice for my brother. He has heart problems and been married since 7/20/2013. I find out in the last year that he has been dealing with spouse abuse. It was so bad that he had stop taking… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
Questions re: request by one party to adjust visitation and
Questions re: request by one party to adjust visitation and custody in CaliforniaSituation: My girlfriend currently shares joint legal custody w her ex husband of their 9 yr old son.Visitation is stru… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
4,029 satisfied customers
I'm originally from Connecticut I moved to with the approval
I'm originally from Connecticut I moved to Virginia with the approval from my kids father , we all were supposed to move together but the day that I moved I broke up with my kids father. I moved in Au… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I live in and my daughter lives with my husband in ny. she
hello. i live in virginia and my daughter lives with my husband in ny. she is here with me for the summer and has informed me that her dad has been physically abusing her. she is afraid to go back and… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a questions about child abandonment in the state of,
Hi. I have a questions about child abandonment in the state of Virginia … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,461 satisfied customers
I live in Virgina Beach, VA and am beginning the proceedings
I live in Virgina Beach, VA and am beginning the proceedings for a divorce. We have been separated since December We have 2 small children ages 5 and 3. My husband says he doesn't want to live in Virg… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
My cousin has been separated for 3 years. They have a child
My cousin has been separated for 3 years. They have a child support and custody agreement filed in the Virginia Court system. She moved back home to Mississippi. Since then her estranged husband Jason… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
I currently reside in, I am attempting to file and believe
Hello I currently reside in Virginia, I am attempting to file for divorce and believe Maryland would be best to do this. for that is where our children last lived with the ex? Is this accurate. And I … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,624 satisfied customers
My husband has 100% va dusability and ss. Since his income
My husband has 100% va dusability and ss. Since his income is nontaxable, is my child support calculated differently? We live in al. He makes 4300 and I am told my child support will be 1143 but my hu… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
My ex and I divorced in NJ, where we both lived in 1999. Though
My ex and I divorced in NJ, where we both lived in 1999. Though I am the mother, I am the non-custodial parent and pay child support; my ex husband has primary residential custody of the children, but… read more
mmdesq
mmdesq
Attorney
Doctoral Degree
518 satisfied customers
If custody was started in Pa. when both child and mother lived
If custody was started in Pa. when both child and mother lived there and now live in N.Y. and father lives in virginia, will the mediation stay in Pa. if another mediation has now been requested and i… read more
Maverick
Maverick
Doctoral Degree
6,336 satisfied customers
Can I have ExHusband charged with Child Neglect for not paying
Can I have ExHusband charged with Child Neglect for not paying support in Virginia? If not, Why? How do I collect support if the state won't inforce the order… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
hi, i married my husband in rikerland,NY in 1991 and he cheat
hi, i married my husband in rikerland,NY in 1991 and he cheat on me and had a baby by another women the same time i was having a baby by him im 1993 and i did find out about this kid until they were 7… read more
Mike Markowitz
Mike Markowitz
Attorney
JD
14 satisfied customers
im marreid since 02/2007 till know in nc .i wasnt happy in
im marreid since 02/2007 till know in nc .i wasnt happy in the marriege and me and my wife talked about that but she didnt want the divorce as a solution.we dont have kids.we dont owne a house or some… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
How to keep custody of my children and keeping them with me
I am currently going through a custody battle with my ex-husband. He resides in Texas and the children and I live in NY. I left Texas in June 2007 with my children and removed them from a very abusive… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x