Legal Question in Family Law in Virginia

Custody

My wife and I were recently divorced. We have a very equitable joint custody agreement and we are both good parents. Prior to the divorce, my wife started dating someone and now is planning on moving in with him. Are there grounds for me to take physical custody in matters such as this.


Asked on 3/06/07, 9:19 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Custody

Yes, you could sue for sole custody of the child(ren), alleging this new living arrangement of your wife as not conducive to their best interests, along with, perhaps, other deleterious items attributable to your wife which might persuade a judge that you should now be awarded sole custody.

However, before initiating such an action, you should carefully consider whether such a ruling would really be in your children's best interests in the long run as well as those of the rest of your family. And would it really be motivated on your part out of genuine concern for your children or rather, perhaps, from feelings of vindictiveness and even jealousy which you may now harbor towards your wife?

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Answered on 3/06/07, 10:32 pm


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