How best to handle child custody and related issues?

UPDATED: Sep 1, 2012

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How best to handle child custody and related issues?

I am divorced. We have an 8 year old daughter from the marriage, plus I brought my son to the marriage, whom my ex never adopted. My ex-husband’s family has been keeping our daughter’s passport locked in a safe and I can’t handle it. Is it legal? Also, we have shared custody of our daughter and he registered both of the children to his address, saying it’s because this way they didn’t have to change school. Is that OK? I have our daughter for the most part. I have her 4 days a week; he does 3 days a week. I have my son 100% a time. So, is it OK that they are both registered to his address? If not, what can I do about it? I cannot afford a lawyer.

Asked on September 1, 2012 under Family Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you canot afford a family law attorney concerning the multitude of issues that you are writing about, I suggest that you consult with your local legal aid clinic and/or your county bar association to see if there are programs with both organizations to assist you in your matter.

As to the passport of your daughter, I suggest that there be a stipulation and order between you and your "ex" that he has custody of it, but he is to provide such to you within five (5) days written notice if you will need it for your daughter to travel outside the United States.

If he will not sign a stipulation concerning this issue, you will need to file a petition with the court to get this issue squared away.

The registration of the daughter is allowed at his home since you and he have shared custody. If you are fine with your son being registered at his home for school purposes that is allowed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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