My daughter is 15 now soon to be 16 in October. Her father had sole custody and in my opinion is mentally and emotionally abusing my child. Ih have to file a motion to reinstate on my own to a circuit court in Virginia. I can not find a template for this any where. Please help
There really is not a state court approved template for a motion to reinstate a case. "Reinstating" a case isn't actually the correct term. The situation you describe could be one or more of several things - it may be a suit to re-open a case or a judgment, it may be a rule to show cause on an existing order, it also may be a motion for a change of custody. This is difficult to do on your own, especially at the beginning, when selecting the correct form of the lawsuit is so important. You should consult with an attorney, consult with your local lawyer referral service for a referral to a local family attorney.
The above is solely for informational purposes and does not create an attorney client relationship.
Are you looking to re-open the case and file for a modification of custody? If that is what you are referring to, then it is possible your local clerk's office can assist you. Also, I note that in order to modify an existing custody and/or visitation order, the Court needs to first determine whether there has been a change of circumstances since entry of the last order that warrants a modification, and it would be your burden to demonstrate that. Only after that determination is made, will a court consider the modification and review the best interests of the child.
You should speak with an experienced counsel about the specific facts of your case, including whether Circuit Court is the appropriate court, or if the custody matter was remanded down to Juvenile and Domestic Relations Court.
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