Virginia - Custody

[squirrel]

Hello.  I'm new to this and I'm actually trying to help my nephew who is having to go back to court for custody.  I'm a single mom, and understand how important a father's presence is in a child's life.  His ex-girlfiend is so jealous that she is no longer thinking about what is best for the baby but what she can do to her my nephew.

They currently have a shared custody and she has physical custody and they work out visitation between them.  That was working fine until recently and she decided to show up at my mother's house and start trouble.  She assaulted my mother and my nephew before grapping the baby and taking off with her.  The baby is almost 2 years old and was present during this whole ordeal.  The worse thing is this is not the first time she's done this, and in front of the baby.  The police have been involved several times but my nephew has never pressed the charges.  This time his not letting it drop and wants custody of his daughter. 

Of course, they have charged her accordingly but now he can't see his daughter.  He's trying to go back to court and have the current custody order reviewed, and I'm trying to find out anything I can about Virginia custody laws and father's right to help him.

I would greatly appreciate any information!

[gemini3]

What does the custody order say about visitation?

In VA, refusal to allow the other parent visitation with the child can be grounds for a custody modification.  However, if there are no specifics on how and when visitation will be in the custody order it will be difficult to prove that she is witholding visitation.

If you can tell me how the order is worded I can give you a better answer.