[VA] What can I do if the mother of my child made up lies about me prior to our custody trial hearing?
She venue-shopped until she got a favorable outcome, mainly due to my inability to present proof properly in court. But I do have everything well documented. I just need someone to walk me through this process. I’m unfamiliar with it, and it’s even more difficult because I live so far away. I have evidence and witnesses willing to travel with me.
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In a child custody trial in Virginia — especially where parents live in different states — the court decides based on the best interests of the child, per Va. Code § 20-124.3.
That includes:
- The child’s needs
- Each parent’s ability to care for the child
- The relationship between each parent and the child
- Any history of false allegations or interference with the parent-child relationship
If the mother made knowingly false claims, you can present this as evidence of bad faith, which harms the child’s emotional well-being.
Virginia doesn’t criminalize perjury in family court without separate proceedings, but manipulative falsehoods can support a motion to restore visitation or change custody — especially if you present credible evidence and witnesses.
Given your distance, it's important to:
- Organize all documentation
- Prepare witnesses for in-person or remote testimony
- Consider asking the court to re-evaluate jurisdiction under the UCCJEA
However, venue challenges must be raised early. If the court already exercised jurisdiction and issued temporary orders, changing venue may be difficult.
If you haven’t already:
- Organize your evidence (texts, emails, community service record, witness statements)
- Create a clear timeline of events to present at trial
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Have an upcoming court child custody trial hearing.
I understand that you have an upcoming child custody trial hearing. Can you tell me more about your current custody arrangement?
I have an upcoming child custody hearing. I live in Huntington, West Virginia. The court case is in Stephens City, Virginia.
The mother has made up a lot of lies that caused my custody to be temporarily suspended. I’ve done a lot of community service work for over a decade, and this has caused extreme stress on our children, our relationship, and our ministry.
She venue-shopped until she got a favorable outcome, mainly due to my inability to present proof properly in court. But I do have everything well documented.
I just need someone to walk me through this process. I’m unfamiliar with it, and it’s even more difficult because I live so far away.
I have evidence and witnesses willing to travel with me.
Have there been any recent changes or developments relevant to the upcoming trial?
Yes.
Is there anything else the family lawyer should know before I connect you?
No.
Good afternoon and welcome to AskALawyer. Please give me a moment to review your question.
In a child custody trial in Virginia — especially where parents live in different states — the court decides based on the best interests of the child, per Va. Code § 20-124.3.
That includes:
- The child’s needs
- Each parent’s ability to care for the child
- The relationship between each parent and the child
- Any history of false allegations or interference with the parent-child relationship
If the mother made knowingly false claims, you can present this as evidence of bad faith, which harms the child’s emotional well-being.
Virginia doesn’t criminalize perjury in family court without separate proceedings, but manipulative falsehoods can support a motion to restore visitation or change custody — especially if you present credible evidence and witnesses.
Given your distance, it's important to:
- Organize all documentation
- Prepare witnesses for in-person or remote testimony
- Consider asking the court to re-evaluate jurisdiction under the UCCJEA
However, venue challenges must be raised early. If the court already exercised jurisdiction and issued temporary orders, changing venue may be difficult.
If you haven’t already:
- Organize your evidence (texts, emails, community service record, witness statements)
- Create a clear timeline of events to present at trial
Does that make sense?
Yes.
