Legal Question in Family Law in Virginia

child custody

My husband and I rescently seperated and we have 4 children. He is a felon and a diagnosed parinoed sysophrynic for which he received disability. He is wanting to take custody of 2 of the children and let me have custody of the other 2. I want custody of all 4 and he have reasonable visitation. He has been abusive and he does talk to the voices he hears in his head. He does not take his medications and has not for some time. Today he came to my house and had 2 children spend the night with him, but he went on a bit of a rampage and took one on the childrens clothing - even went through the dirty clothing. Is there somewhere I can go to get temporary custody for my children, keep him from being able to show up at the school and have access to the 2 school age ones, and seek some help for myself as he has struck me before and does threaten me on occassion. I need to know what immediately I can do for the safety of these children.


Asked on 2/10/07, 7:22 pm

1 Answer from Attorneys
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: child custody

You can certainly move for temporary custody pending the divorce. In considering a temporary custody case the judge will apply the same test that is employed in a custody battle--what is the best interest of the child. Also, due to your husband's violent and threatening demeanor you could move for a protective order--this is a command by the court prohibiting the person fom approaching you and/or the children)

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Answered on 2/11/07, 12:45 am


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