Legal Question in Family Law in Virginia
Custody Battle
My fiance and his ex have been seperated for 2 years. seperation occured when ex racked up $30,000 in debt under my fiance's name. (he is still repaying - she did not) he has in writing where she admitted to doing this. she has lived with 3 different men since then none of which are of good moral character. the kids (8 & 9 boys) have told of stories when their mother and them spent the night in motels with the man she is currently living with in which their mother and the man shared a bed. my finance has a better relationship with in-laws than she does. he currently pays $500/week day care + $200 to her + $100+ in medical insurance. what are our chances of gaining custody? the children have expressed an interest in living with us.
1 Answer from Attorneys
Re: Custody Battle
It would be up to a judge to decide whether awarding physical custody of these children would be in their best interests. (If the issue of custody has already been addressed in court, then the children's father would need to show a material change in circumstances that would warrant the court ordering such a change.)