Legal Question in Family Law in Virginia

Possible custody modification

My divorce from my exhusband became final April 03 - we separated in Oct 2001. I was awarded sole custody of our son - he agreed to that as long as I waived the right to $450 in spousal suppt. Is it easy to modify a custody order? I'm a single parent, and he and his girlfriend are possible getting married - can he ask for a custody modification just, b/c he gets remarried? Can I lose physical custody of my son just like that b/c I'm a single parent? I don't know if I'm just being paranoid, b/c he now has said that there's no need for me to pack clothes for our son on his wkend visits - ''we have clothes for him'' AND he will have his own room in the new house that they are buying, or renting. I'm feeling 'funny' about that. He has another son from a previous marriage and the mother also has sole custody of that child. My relationship w/my ex is strained now, b/c I'm taking him to ct for not paying child suppt. Don't you have to be proven 'unfit' to have custody of your children taken away, or the order to be modified? He was sentenced to jail during our separation for hitting me - could that be a factor in the custody order NOT being modified if he asked the court for it? Please advise...thank you!


Asked on 6/01/04, 8:15 am

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

Re: Possible custody modification

Your status as a single parent has nothing to do with your fitness to parent, and based upon the facts which you've described, I see no basis for a court to determine that custody of your son should be awarded to your former spouse.

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Answered on 6/01/04, 9:06 am


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