Legal Question in Family Law in Virginia

What Are The Chances

I am wondering what my chances of getting custody are based upon my ex not allowing a relationship with myself and my children. I have filed contempt charges before without anything being done. I have now put in a motion for physical custody to change to myself with continued joint legal custody. My ex will not allow me to see my children or have contact with them. She does not answer my phone calls. She is also brainwashing them telling them someone else is their father, and has gotten rid of the memory of their brother (my son from my now relationship). I do not even know what school they go to or who their doctors are because she refuses to give me that information. They are 6 and 3. I live in a different state from my ex which I know my hurt my chances however my family is in that state and I visit often. I have a visitation plan I came up with that I think would be fair for both parties. What she is doing is breaking our current court order and also going against state codes. I know that a lot of times unless the current custodial parent is deemed unfit then custody will not be overturned but something needs to be done. What are my chances?


Asked on 8/14/08, 10:21 pm

1 Answer from Attorneys
David McKelvey David McKelvey, Attorney at Law

Re: What Are The Chances

Your chances for obtaining primary physical custody are not that strong. Since you live in another state, it is unlikly that the judge will award this. However, if you are entitled to visitation, but it is not specified in the order when or where, you do have grounds to have that defined. Regarding the contempt issue, if the court order does in fact state that you are entitled to visitation, you have grounds for a contempt complaint. If there is a child support order in effect, be sure you are up on your payments if you have any, prior to the hearing. That goes a long way with the judge.

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Answered on 8/14/08, 10:58 pm


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