Legal Question in Family Law in Virginia

what the child wants?

my fiance has a 13 year old son .he lives with his mother but he wants to come and live with us. he refuses to go back to his mother because she is never home and he feels like he has no supervision there, she does not cook for him and while she is gone she makes him stay inside the house from the time she leaves in the morning to go to work (8:00a.m.) until she returns in the evening around 7 or 8:00p.m. Also his mother is married but her and her husband are getting a divorce and she is living with him until she can find a place to live. They are sleeping in seperate bedrooms now. the boy says he that he is tired of his mom bringing diffent men into his life and that they always move which is true he has been into 5 diffent schools in 7 years. he wants to move in with us because i am a stay at home mom with our to kids and someone is always here 24-7 who does cook and will be here to help him with his homework and that he will have the supervision that a teenager will need. I was wondering what can we do to get custody of him. If he does refuse to go home will he or his dad get into trouble for not letting him go home?)

Any information will greatly be appreciated.


Asked on 6/29/02, 7:42 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: what the child wants?

Your fiance could file a suit for custody in the

appropriate court alleging facts supported by

at least some evidence that the child's best interests would be best served by allowing his

father to have full legal as well as physical custody.

I must say, however, that I doubt, based upon the facts that you've alleged in your question, that

a court would be persuaded to award custody to the father based upon these facts, without more.(I would also point out that there is also the matter for the court to consider that a legal state of matrimony does not yet exist between you and your fiance, although you're apparently cohabiting in violation of Virginia statute, in determining what may be in this child's best interests.)

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Answered on 7/05/02, 12:23 pm


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