Legal Question in Family Law in Virginia

My children custody

I have 2 beautiful children, age of 7 and 3, my son is 3 and he is constantly crying after my visitation that he does not want to go back to his mom, he cries and screams.

I live and work in NY, my kids live with their mom in VA, and I have visitation rights.

I have a girlfriend and we live together, happily my kids love her and want to spend anytime with her.

My daughter she could move to NY with us or she can stay with her mom, she is undecided anyway, my ex-wife she works in a daycare, that is where my son spends the all of his day, then when they go home they eat dinner then go to bed, no family time, with me and my girlfriend we spend every minute of the visitation time with them, spoiling them and play with them.

how can I file to custody of my children, or even one my son I would like both, they will have better life with me, when I was there with them, my kids they used to be involved is so many activities such as soccer, gymnastic, swimming now they don�t do anything at all, my financial situation and my schedule will allow me to have them involved is all those activities again.

is it doable for me to have custody of my kids?


Asked on 12/09/08, 10:48 pm

2 Answers from Attorneys
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: My children custody

The facts described would be unlikely to result in a change of custody to you. Any such change must be a result of the best interest of the children, considered with the fact that courts are reluctant to pull children out of a situation that they are used to. Having more "fun" during visitation, more money, and the ability/time to afford sports will not--without more--show that it is in the best interest to change. Courts do not award custody to the party with more money, and parents with visitation do typically have more "fun" than the parent that cares for the child on a daily basis.

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Answered on 12/10/08, 7:58 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: My children custody

No, I very much doubt that under the circumstances/facts which you've described that your custody ambitions for your children are in any significant way "doable" under applicable Virginia law.

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Answered on 12/09/08, 11:14 pm


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