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What rights to I have to se my son?

Woodstock, VA |

My wife has thrown me out of the house with no place to go and has served me with trasspass papers so I can't see my son. What legal rights do I have in VA until we can get into court? I've offered to watch him and meet in a public place to see him only to be told no. I've also offer to give her custody of him until I get on my feet if she would allow me reasonable visitation to be told I will never see him again. I'm at a loss for what else I can do.

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Attorney answers 3


There isn't a "trespass" case between spouses except in the most unusual of situations- did she actually obtain a Preliminary (or Emergency) Protective Order- that is hugely different- This is a fact- dependent analysis- IF she did obtain a Preliminary Protective Order, you should have been served with that, and in it there will be details about your ability to see your son. If the document she filed is a Notice of No Trespass, you can still see your son at school, or elsewhere- but you CANNOT violate the terms of a Protective Order even if it's based on a fiction by her, so be very careful not to act rashly- you MUST have an attorney to help with your situation to be sure you do what is legally proper.

Legal issues often depend on the specific facts in any given case or situation. Please do NOT utilize the information you receive as either a binding legal opinion in your case, nor presume that I am your counsel because I've answered a question you had. Any legal representation is accomplished by written contract ONLY, signed by each of us.


You need to consult with a local attorney with experience in divorce and child custody disputes. In Virginia, you have as much right to see your children as she does. The problem becomes getting the child. You cannot break any laws in the process of retrieving the child, and so generally you are limited to the time that she allows. You need to have the details of your case reviewed by an experienced attorney, and immediately have the appropriate complaint, petition, or motion filed in the appropriate court. As a father, you do have rights, but you have to make sure that you enforce them.

To learn more about attorney Kevin R. Pettrey, Esq., call 757-273-8709 or e-mail him directly through his AVVO profile. Please remember that if you find an answer particularly helpful, please mark it as helpful or "best answer" so that the attorneys who volunteer their time to answer these questions have feedback. This answer is only for informational purposes, is not legal advice, and does not create an attorney-client relationship. Every case is different and must be judged on its own unique facts.


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This response is only intended for informational purposes and is not intended as legal advice or as a substitute for hiring an attorney in your state. Further, by sharing this information, it is in no way intended to establish an attorney client relationship with the reader.

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