Legal Question in Family Law in Virginia

Change of Child Custody

I have been divorced for almost 3 years. We have joint custody of our children w/primary residence with my ex. I currently provide medical insurance for the children as well as pay a small amount of child support and he gets to claim them both on his taxes. I still support the kids in many other ways as well. I was wondering what the chances are of me getting physical custody of my children after being with their Dad so long. I did what I thought was best for the children three years ago plus couldn't afford to fight. But now they spend more time with me and their grandparents than they do w/their Dad. I want them to come live with me and discontinue having to pay child support. If I go to court and lose, I will have to pay his legal fees (stated in divorce decree) So is this something worth going after or will I just end up being broke?? Any assistance is greatly appreciated. I just want my kids w/me.


Asked on 9/30/03, 1:58 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Change of Child Custody

You must be able to show by a preponderance of the evidence at the custody hearing that there's been a material change in the circumstances of the case which would convince the court that it would be in the best interests of one or more of the children to transfer the physical custody to you.

Based upon the facts which you've presented in your question, I could not say for sure whether or not you would be able to make such a showing, but, if things, on balance, are pretty much as they were with you, the father, and the children, as they were when he assumed physical custody of them, I would guess that, probably, you would not be able to do so.

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Answered on 9/30/03, 2:27 pm


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