Legal Question in Family Law in Virginia
What are my custody rights?
I have been seperated sice March 1 when my husband deserted me and took our son. He has been awarded sole custody, though the evidence I had against him was strong. I have now become pregnant by someone else and I am wondering what affect this will have on me trying to get custody back? Also he is getting ready to move in with his girlfriend in a month. What affect will that have?
1 Answer from Attorneys
Re: What are my custody rights?
Nothing is certain in custody disputes, but my best guess is that he will retain custody, or your son may be placed in a foster home. There are still a number of judges around who feel strongly enough about not exposing a child to an intimate relationship between unmarried parties that they will seriously consider taking the child from both parents who are in such relationships. Since both you and your husband seem to be in such relationships, that risk is present.
If that does not happen, my best guess is that your husband would prevail, and keep custody. He represents the status quo, and a custody decision has recently been made in his favor. Unless his relationship with his girl friend is a change of circumstances, he is likely to keep custody.
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