Legal Question in Family Law in Virginia
Child Custody
Me and my girlfriend want to get married. Her ex husband does not like me and has told her that if we are togather than he would fight for custody of her daughter. He works nights and sleeps all day and I think that the child is better off in a good home with two people that love her. Me and my girlfriend got into a physical altercation about a year ago, no charges were pressed but he says that he will use this in court. Can he do that? and what are the chances that they would take a 4 year old special needs child away from her mother?
2 Answers from Attorneys
Re: Child Custody
Your question says it you are in Montana and the question relates to Virginia law. I can't offer an answer until I know:
Where does the child live?
Where is mom?
Where is dad?
Re: Child Custody
Sure, the dad fighting for custody of his daughter can attempt to use anything he wants in support of his case. That, however, doesn't mean that a court hearing the matter would necessarily allow the record of the domestic incident to be formally admitted into evidence, or, if in fact it were so admitted, that it would necessarily be given much weight by the court in deciding the custody matter.