Legal Question in Family Law in Virginia

Re: Custodial Custody Challenged

Since the custody you were awarded was only temporary, the burden of proof on your husband may be less than it would be to modify a final custody order. The court will look for a material change of circumstance as a basis for re-opening the order, but it's difficult to know, without knowing what considerations went into the original award, what changes might be considered material. For example, if you were awarded temporary custody based to a large extent on the fact that the children were in a particular school while in your custody, the change to home schooling might be considered material. But after deciding that there has been a material change of circumstance, the judge doesn't automatically change the custody arrangement. He then needs to reach a decision, considering all relevant information, about what would be in the best interest of the children. You will want to present evidence that your home schooling is effective, that your children are learning, that they have good experiences outside of your home with friends and neighbors and that they are involved in some sort of age appropriate community activities. If there was something about the school they were in which helped the court reach a decision to award you temporary custody, you will want to show that the school changed (why did the teachers leave?) in a manner which justified the children's removal to home schooling. I notice that your situation involves both Maryland and Virginia. You haven't mentioned which state's court your case is in (my answer is based on Maryland law) or how far away from your home you took the children when you moved in with your parents. If it was along distance, how did this impact your husband's ability to enjoy visitation with the children? I hope you can show the judge that you did notify your husband promptly of where you were and did make it possible for him to visit with the children. If you offered to share the transportation, that would be good and relevant evidence that in your custody the children will not be kept from their father. And that is one of the major things the judge will consider. I also hope you can present evidence that it was truly necessary to vacate your home for three months while it was being worked on. And I hope that the children did see their father at Christmas time. If they did not, because of the move, that would be evidence against you. You do need to give serious thought to all of the positive and negative potential evidence. The judge may ask how you are able to home school four children while you are employed outside your home. And you should find a way to retain a good lawyer to represent you. It is extremely difficult for anyone to represent himself in a custody hearing, and the cost of an attorney will be worth it. You may even be able to convince the judge that your husband should be required to pay your attorney's fees.

Re: Custodial Custody Challenged

If at all possible, you should have an attorney

who is knowledgeable in Virginia family law matters representing you at the upcoming hearing.