Legal Question in DUI Law in Virginia

Sole custody

My wife has recieved her 2nd dui/suspended in under 2yrs. I assume that she will be serving a few days in jail, my question is: Am I in a position to file for sole custody of our 2 young children and have a protective custody order filed against her?

Thank you,


Asked on 7/19/04, 1:05 pm

2 Answers from Attorneys
Tommy Smith Law Offices of Tom C. Smith

Re: Sole custody

Yes, assuming you are now separated for purposes of a divorce.

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Answered on 7/19/04, 1:42 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Sole custody

Sure you can file for sole custody, but if I were you I would not assume that the two DUI's against

your wife will automatically be enough to establish her unfitness to continue with the current custodial situation with respect to your two children.

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Answered on 7/19/04, 6:32 pm


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