My question involves a child custody case from the State of: Virginia
I wrote a few weeks ago regarding this matter.
Today when I was on my way to pick my children for our regularly scheduled visitation, I was served with papers in front of the children.
I currently don't have a lawyer because I can't afford one. I have been in communication with the non custodial parent's lawyer. He sent me a letter outlining a new visitation plan as a result of my imminent transfer to Florida. The custodial parent is also asking for full custody. In my response, I told the lawyer that I would not give up joint legal custody of the kids because of my transfer and proposed a new visitation agreement. The lawyer told me he received the letter and would have a response for me by COB. I never heard back from the lawyer and instead was served with papers today.
The noncustodial parent is alledging that because I will be out of state it will be impossible for us to both make decisions for our children.
In the modification of custody request she sites that on several occasions I have failed to notify her of non emergency medical situations with the kids (not accurate the kids came to my house sick a month ago and I gave them Tylenol and didn't tell her) that happened once.
The custodial parent sites that i refused to allow the children to get therapy and that a court ruled in the custodial parent's to continue treatment with the therapist. (The custodial parent enrolled the kids in therapy without notifying me. The kids were the ones who told me they were going to therapy and told me that their mother didn't want me finding out. I was not opposed to therapy just opposed to the fact I didn't have a say in choosing a therapist and that the therapist knew this and at no time made any efforts to reach out to me and have me involved with the children's therapy.) the court ruled that it was in the best interest of the children to continue treatment with the therapist. This matter happened prior to entering a custody and visitation agreement so I'm not sure why she's bringing this up now.
Finally the custodial parent is saying that I don't allow the kids to participate in extracurricular activities that fall during my visitation with the children. The custodial parent enrolled our son in basketball on Saturdays without consulting me and I have visitation Every other saturday with the kids. Because my time is so limited with my children, I asked the custodial parent that in the future she not enroll our children in any activity that would interfere with my visitation. I had activities planned with the kids that involved all of us and taking the kids to activities that the custodial parent enrolled them in interfered with our routine and plans. This was discussed with the lawyers and everyone agreed that the custodial parent shouldn't enroll the children In activities durkng my visitation. Especially since alternative days were available.
My question, does the custodial parent have enough to actually get full legal custody?
Thanks in advance.
I wrote a few weeks ago regarding this matter.
Today when I was on my way to pick my children for our regularly scheduled visitation, I was served with papers in front of the children.
I currently don't have a lawyer because I can't afford one. I have been in communication with the non custodial parent's lawyer. He sent me a letter outlining a new visitation plan as a result of my imminent transfer to Florida. The custodial parent is also asking for full custody. In my response, I told the lawyer that I would not give up joint legal custody of the kids because of my transfer and proposed a new visitation agreement. The lawyer told me he received the letter and would have a response for me by COB. I never heard back from the lawyer and instead was served with papers today.
The noncustodial parent is alledging that because I will be out of state it will be impossible for us to both make decisions for our children.
In the modification of custody request she sites that on several occasions I have failed to notify her of non emergency medical situations with the kids (not accurate the kids came to my house sick a month ago and I gave them Tylenol and didn't tell her) that happened once.
The custodial parent sites that i refused to allow the children to get therapy and that a court ruled in the custodial parent's to continue treatment with the therapist. (The custodial parent enrolled the kids in therapy without notifying me. The kids were the ones who told me they were going to therapy and told me that their mother didn't want me finding out. I was not opposed to therapy just opposed to the fact I didn't have a say in choosing a therapist and that the therapist knew this and at no time made any efforts to reach out to me and have me involved with the children's therapy.) the court ruled that it was in the best interest of the children to continue treatment with the therapist. This matter happened prior to entering a custody and visitation agreement so I'm not sure why she's bringing this up now.
Finally the custodial parent is saying that I don't allow the kids to participate in extracurricular activities that fall during my visitation with the children. The custodial parent enrolled our son in basketball on Saturdays without consulting me and I have visitation Every other saturday with the kids. Because my time is so limited with my children, I asked the custodial parent that in the future she not enroll our children in any activity that would interfere with my visitation. I had activities planned with the kids that involved all of us and taking the kids to activities that the custodial parent enrolled them in interfered with our routine and plans. This was discussed with the lawyers and everyone agreed that the custodial parent shouldn't enroll the children In activities durkng my visitation. Especially since alternative days were available.
My question, does the custodial parent have enough to actually get full legal custody?
Thanks in advance.
Modification of Custody: Custodial Parent is Requesting Full Custody Due to Non Custodial Parent's Relocation
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