Legal Question in Family Law in Virginia
custody in WV involving mother neglect
My ex-wife and I have joint custody of our child. Her with the primary residence and I have the secondary. I am in the military in Va and she is in WV. I have been recently contacted by her family that my ex wife is without a permanent home and being abusive toward all her family and our 14 year old son. She has a history of mental illness and currently not taking her meds. She has called 3 times in the past with urgent matters where she could not take care of our child and I have rushed to get him. I would like custody of my son. I have been remarried for 8 years with a stable home enviroment. I have been current on all child support.
Do I file in WV, VA, or FL where we were originally divorced? Also what other resorces are there available to expidiate removing my son from this bad situation?
1 Answer from Attorneys
Re: custody in WV involving mother neglect
You should consider filing for sole custody in the jurisdiction where your son has been currently residing continuously for at least the last six months.
In the interim, it would seem appropriate if the West Virginia relatives could take charge of the boy for awhile until your custody suit can be decided.
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