Legal Question in Family Law in Virginia

Custody laws

I have a 3yr old son that the father took away and won't allow me to see.I have an apt of my own and have taken care of him all 3 1/2 yrs of his life until the last month i have been working 2 jobs to get ahead and the father has taken care of him in my home.I have paid for my son's daycare and clothing have paid all bills.Now that the father has him.He has pulled him out of daycare where he has gone for 3yrs.He is living with his parents because he can not afford to live on his own.I have had my job for 2yrs.How good of a chance do i have to get custody?


Asked on 7/17/01, 7:47 pm

1 Answer from Attorneys

Lisa Lane McDevitt McDevitt Law Office

Re: Custody laws

You can never predict how a custody case will turn out but just on the facts you have given (that you were primary caregiver and paid for all the child's needs for 3 1/2 years) you have a pretty darn good case absent any allegations of abuse or neglect on your part.

If you want to file for custody do it now while there hasn't been too long of a history of the child being without you.

In the meantime, SEND HIM CHILD SUPPORT while he has the child! It makes a difference to the court. It shows a mom that not only cares to raiser her child, but one that wants to take the best interest of her child at heart by providing financial support to help the child.

If you have any questions give me a call at either my Maryland office at 301-652-0663 or my Virginia office at 703-968-3974.

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Answered on 7/18/01, 5:23 pm


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