Legal Question in Family Law in Virginia
Child Custody
I am about to go through a custody battle with my husband whom I am separated from. My question is what are my chances of winning based on the facts that I am including. The child has lived with me for the last 7 months and her father has barely contacted her. There has been more than one occasion where I have had to send him a message to remind him to call her because it had been more than two weeks since he had contacted her. He has not sent any support to help to care for her. He also lives in a three bedroom house with his mother, sister and three of his nephews. I am also living with my mother but we live in a three bedroom trailer in which my daughter has her own room. He did not even mention getting custody of her until I went through child support enforcement. Once he got the papers in the mail he began to tell me that he would fight me. Also my daughter has been diagnosed with ADHD to which he does not agree. He has asked me to take her off the medication but I refused. I did offer to get a second opinion and have taken steps to do so. I also want to know if he can force me to take her off the medication before i get a second opinion.
1 Answer from Attorneys
Re: Child Custody
The facts you've offered here would seem to favor you for a best interests of the child decision in this custody matter by the court having the proper authority to decide it.
Unless the child's father is awarded at least shared legal custody, he will have no "say so" over what treatments the child receives for her ADHD.