Legal Question in Family Law in Virginia
Child custody from a different state
My boyfriend wants to get custody of his child that lives in Virginia. He currently lives in Connecticut. He doesn't feel the mother is taking proper care of the child. She's living with her mother and a total of four children in a one bedroom apartment. There is only one bed in the house and there aren't any sheets on it. There are clothes piled all over the floor, his sneakers had holes in them and he was dirty when he picked him up and had a bad case of dandruff. What needs to be done in order to get custody?
1 Answer from Attorneys
Re: Child custody from a different state
Custody battles are never easy. Has there ever been a court order for custody or visitation? If not, then he must file a petition for custody and a separate petition for visitation in the county in which she lives in VA. If there has been a previous order then he must petition the court for a modification of custody based on a material change in circumstances.
The circumstances you describe certainly warrant a petition to have the court consider a change in custody. How old is the child? It matters! Are the other kids that live there the siblings to this child (1/2 siblings) or strangers? Who else is she living with?
Has he been paying child support? If not, he needs to start RIGHT AWAY. Has he been an active participant in the child's life? If not, he needs to START! He should start requesting frequent visitation (even given the geographical distance) and start becoming as active as possible.
Call me with the answers to the above questions and I'll try to give you a more detailed answer as to your case. Call my Virginia office at 703-968-3974.
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