Summons for my minor son

[Lthniangrl]

I divorced my 12yr old's father when he was a year old and we lived in Virginia. When he was 3, my son and I moved to Illinois. His father and I shared joint custody; however he only chose to see my son once a year. I remarried when my son was 5 years old. My husband and I are now divorcing and my son's father is attempting to persuade my son to move from Illinois to Virginia because of the divorce. I received a summons today to have my son appear in civil court in Virginia in 2 weeks. What are my rights? Does he have to appear?

 

[seniorjudge]

Q: Does he have to appear?


A: Yes.

 

[Lthniangrl]

Should I attempt for a change in venue?

I am concerned at the welfare of my son given that my ex appears to be using him as a pawn in all of this. He never was concerned before and my son's wellbeing has not changed in the least. Should I hire a lawyer in Virginia?

 

[Duranie]

You should have received the summons, not your son. But yes you have to appear in court otherwise your ex might win in default.

It is unlikely he will get custody if he only sees the child once a year but you never know what a judge might rule. Also id the child expresses a desire not to move that MIGHT be taken into consideration as well. Do you have an attorney for your divorce? You might want to ask them about this.

 

[Lthniangrl]

My current husband and I are using mediation

I did receive the summons. My son does not want to move, so would it be best to find a lawyer in Virginia? My ex has not been very constant in his life whatsoever.