The mother is the non-custodial parent and has been for the past three years. She has never once paid child support and has had very inconsistent vistation. She has recently remarried and has decided she wants the kids to move back in with her. She is now using extremely expensive presents and promises to try to sway the children (11, 14, 17) to want to move back in with her. Father wants to bring this to the court. What is this called what a parent is trying bribe the children in this way while not paying child support?
Unfortunately, what you describe as "briding the children" is a common ploy often used by parents attempting to gain an advantage in a custody case. Fortunately, judges in Virginia make custody decisions based on the applicable law and facts presented during the trial.
Virginia Code Section 20-124.3 provides the statutory scheme governing matters of custody. The primary role of the judge is to make a decision based upon what is in the best interest of the child. A best interest determination will take into account the relationship between a child and each parent, other family members, the propensity of the custodian to allow contact with the other parent, age, health, the mental condition of the parties and children, etc. If the Mother has been in and out of the children's lives this is a relevant fact for the court to consider but it is not dispositive of the ultimate issue. The court will consider all of the statutory facts, together with the evidence properly presented at trial, when making a final decision.
Your question cannot be answered in this forum. Lawyers.com offer general information and not legal advice. No lawyer to provide legal advice without a complete review of all pleadings, orders, and documentation relating to the history of the case. It is suggested that you confer with an experienced family lawyer in your area in order to protect your interest. Best of luck~
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