Legal Question in Family Law in Virginia

Child Custody

We just moved to Richmond, Va in Nov.'06. We moved in with a male friend until we could find a home. I just found out my wife is having an affair with this man. Last weekend I moved out taking our 5 year daughter. I know I can't file until we have lived here for 6 months but what do I do in the meantime? My wife informed me she has no intention of moving out of his house. I do NOT want my daughter visiting her mother at this house where she is living with her boyfriend. What rights do I have?


Asked on 3/12/07, 7:53 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Child Custody

You could file for sole physical and

legal custody of your daughter and request that the court order reasonable visitation for the mother under appropriate conditions likely to inure to the best interests of the subject child.

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Answered on 3/12/07, 8:38 pm
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: Child Custody

Although it is premature to file for divorce, you may immediately move for a preliminary custody order and therein seek sole legal and physical custody. Also, while visitation to your wife would likely be awarded, you may nonetheless seek to have such visitation supervised, or in an alternative location, based upon her extramarital relationship.

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Answered on 3/12/07, 11:22 pm


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