Legal Question in Family Law in Virginia
Child Custody
I am a 19 year old mother that has a 17 month old daughter named Ayanna. I am a full-time student at a community college & also working part-time at a local retail store. I am living with my parents so the majority of my money goes towards my daughters needs. Her father is 22, has no job & is not going to school either. He is living with his mother. He has ''domestic violence'' in his record because he put his hands on me (in front of our child). He is trying to get full custody of the child with the help of his mother. He has been on child support for about a year because he does not help me with any of her necessities. He has not been paying child support money because he does not have a job or money to pay it. He never sees Ayanna and when dates are set up for him to be able to have her he always fails to show. Will the judge look at our incomes or will his/her decision be based on who he/her feels will be more responsible or income? Mind you, his mother is helping him so he can get full custody of Ayanna.
1 Answer from Attorneys
Re: Child Custody
Irrespective of the mother's helping hand to her apparently less than responsible son, any court hearing this matter should without much pondering deny the father's petition
for full custody, award you, the biological mother, all such custody as being in the best interests of the subject child, and, perhaps, an attenuated schedule of visitation for the father who apparently rarely takes advantage of such opportunities to see his daughter.
Based upon these facts, you should have little to worry about as to this custody matter.