Legal Question in Family Law in Virginia

changing custody options after seperation agreement

My husband and I have a separation agreement where we both agreed to have joint custody over our son. I live in VA and cannot file for divorce until April of next year (have to be separated for a year). My soon to be ex is now bringing to my attention that he wants nothing to do with our son and that he is going to pay child support and that�s it. I have moved out the house for about 2 months and live only 20 minutes away. He does not call or come see our son and keeps telling me he wants nothing to do with him. Could I turn around and file for full custody and still offer my husband visitation when I file for divorce even though our separation agreement says we are to file jointly?


Asked on 8/05/08, 9:11 am

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

Re: changing custody options after seperation agreement

Yes, you could file for such, but your husband in his defense to your sole custody action could present to the court your separation agreement and, perhaps, charge you with (anticipatory)breach of the contract.

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Answered on 8/11/08, 12:13 am


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