What is the name of your state (only U.S. law)? VA
I have been going through a lot with my ex and battling to see my child. My child's mom told me that they moved out of state since August, which I have not been able to see my child since then. I have been struggling to see my child, but my child mom just keep on giving me the run around. I even missed my child's birthday because they were out of state.
Well, today, I did some investigation and did some email tracking and realized that she is in fact in state, because all her emails originated from IP address from her computer in VA.
My child was in Pre-K last year. Would the school give me information about my child since I have the divorce decree which states that I have joint legal custody with mom, even though she obviously would not put my name on the school records?
I called the daycare and they said they would not be able to give me any information unless a court order was in place. It has been a long time since I have seen my child, and my court date is more than a month away, but I have been unable to serve her a summons because I had no idea if the location out of state which she told me she was is in fact correct. I am pretty certain that she is in state. My attorney could request a emergency hearing IF we could find a definite location for mom, but other than that, I have to wait.
I just want to be able to find my child. My attorney is not much help, which was one of the main reasons I hired him in the first place. I have been unable to get a concrete location of them, and he has been asking me to try figure out if I can see my child so he can serve her court papers then.
I have been trying to find if I could do something about Parental kidnapping or similar, since i have Liberal and Reasonable visitation, however mom have been keeping me from seeing child. In VA it is a Class 1 misdemeanor. How do I go about enforcing this law. Can I go to the police? The court (outside of being in front of a judge) have been unwilling to help me or expedite my case.
Virginia code 18.2-49.1.
[url=http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-49.1]LIS > Code of Virginia > 18.2-49.1[/url]
My lawyer has not been able to tell me anything about how I would go about proceeding with getting her charged with this or at least first offense.
§ 18.2-49.1. Violation of court order regarding custody and visitation; penalty.
A. Any person who knowingly, wrongfully and intentionally withholds a child from either of a child's parents or other legal guardian in a clear and significant violation of a court order respecting the custody or visitation of such child, provided such child is withheld outside of the Commonwealth, is guilty of a Class 6 felony.
B. Any person who knowingly, wrongfully and intentionally engages in conduct that constitutes a clear and significant violation of a court order respecting the custody or visitation of a child is guilty of a Class 3 misdemeanor upon conviction of a first offense. Any person who commits a second violation of this section within 12 months of a first conviction is guilty of a Class 2 misdemeanor, and any person who commits a third violation occurring within 24 months of the first conviction is guilty of a Class 1 misdemeanor.