Legal Question in Family Law in Virginia
custody
mother has legal physical custody of children. children are 16 and 13. both children were locked out of house by mother and informed they were not allowed
to live in her house any longer. I, the non-custodial parent, took in the children and both now reside with me. children locked out because they were "disobedient". Neither child uses drugs, drinks alcohol or drives a car. No previous legal issues with law. son was locked out all night without a coat with temp at 29 to 30 degrees. sat on bench on front porch. would i have a fair chance at a change of custody motion?
1 Answer from Attorneys
Re: custody
Assuming there is nothing in your situation which would make a judge question your parenting ability, such as child abuse, or living with a person of the opposite sex to whom you are not married, your chances are very good indeed. Mother has essentially abused your children, and proved herself unfit.
Also, the children's wishes will be given considerable weight at their ages.
Paul B. Ward
Law Offices of Paul B. Ward
8304 B Old Courthouse Road