QUESTION

I don''t know if this is really a custody question..but I am wondering what I should do.

Asked on Oct 12th, 2011 on Child Custody - Virginia
More details to this question:
My son was visiting with his father on a Saturday and his father brought my son to my place of employment claiming my son wanted to come home. My son obviously looked upset and wouldn''t tell me what was wrong except that he wanted to come home. When I got my 5 year old home, he proceeded to tell me that his father smacked him really hard for not taking a nap. My son has refused to speak or even see his father since. When I called his father to find out what happened, his father started yelling at me and claiming my son was a "bad" child and that it''s my fault he doesn''t listen. He said that since my son didn''t want to see him then he wasn''t going to force him to. I am wondering what I need to do in a situation like this. We currently have joint custody.
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1 ANSWER

Majessire Smith
Hello: If you have joint custody, there is probably a schedule set out in the order that states when the visitation with father is supposed to take place. If you feel like it is no longer in the best interest of the child to have visitation with father, or would like to limit visitation, you should file a motion for an amendment (change) to the current custody order. You will need to prove that there has been a material change in circumstances that justifies the change. But if this type of incident is a new development you should have no problem proving that. It also sounds like father may not challenge the amendment based on his statement.Typically when the two parties are in agreement on something, the courts have no problem granting it. Despite whether you have a custody order in place or not, you have the right to seek a protective order. What this means is that you can go to the office of the magistrate in your county, explain the situation and if they feel like your child is in danger, they may grant an order barring his father from contact for a period of time. This is another avenue you can pursue if you feel that it is necessary to protect your child.
Answered on Oct 26th, 2011 at 7:54 AM

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