Legal Question in Family Law in Virginia

I am a 31 year old Father of 2 boys ages 3 and 4 , I just moved to VA from FL so I can work , my X-girl Friend has my sons and is living with her boyfriend who also has a daughter thats the same age as my sons , they are renting a 2 bedroom apt. my X is also pregnant , I don't know what the sleeping arrangments are there. Her boyfriend doesn't work and she works @ a sports bar . She keeps telling me that I have no legal rights to my sons , My sons don't like staying with her ,before I had to come to VA to get work the boys were with me 90% of the time ,she leaves them where ever she can , she likes to Party , Now ,I have had some trouble in the last year but am now trying very hard to get my life back on track but it looks like I'm going to have to stay in VA in order to work and be able to care for my sons I am currently living with my parents until I get on my feet I am working to get my GED also . My sons cry and beg for my all the time they call me often wanting me to come and get them . My question is , what can I do legally to bring my sons to VA to live with me ? I'm planning on getting my own place asap but for now when I work my parents will be keeping an eye on they're grandsons for me ,I think thats better than leaving them with strangers, I also wanted to enroll my oldest son in Pre K thats something that she was suppose to have done an just didn't take the time from her "self time" to do this. Thanks for your time .


Asked on 12/23/10, 4:14 am

3 Answers from Attorneys
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Youl should see an attorney asap to discuss the filing of a custody petition. Good luck.

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Answered on 12/28/10, 5:08 am
Michael Hendrickson Law Office Michael E. Hendrickson

If your sons are living with their mother in Florida, your petition for custody

would need to be filed and adjudicated in the appropriate court of that state.

However, given the apparent instability in your current personal situation, I would

not get your hopes up (if I were you) of any court granting you formal custody

of these boys any time soon. (In fact, given your reference to their mother

as your ex-girlfriend, it's not even clear whether you're recognized in the

law as their father.)

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Answered on 12/28/10, 8:06 am
sheryl shane sheryl shane, attorney at law

Cusody, visitation, and child support can be reviewed by the court until children reach certain age. Hire an attorney. Web. www.sherylshanelaw.com. Attorney Sheryl Shane.

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Answered on 12/30/10, 10:45 am


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