Legal Question in Family Law in Virginia

Custody

2 years ago my husband went through a nasty custody battle with his exwife. The guardian ad-liedum did not like the mothers living conditions no the mental stability of her & her partner. She then saw that he was behind on child support & changed her story. She never met with us as she was supposed to & told the judge she felt the girls should remain where they were since the mother nor the partner worked & both my husband & I did. She said they were better to keep them since they could spend more time with them. Since then all the arrearage has been repaid & monthly obligation is overpaid. The oldest girl has been expressing more & more his displeasure about being at her mothers-filthy conditions, horrible pet smell that permeates into their clothing, clothes that are 3-4 szs too big, being ignored, etc. She has stated she wants to live with us. Social services has been called out several times with ''temporary fixes'' being done to get them off the mothers back. Neither of us live in the county where the last hearing was held-where would we file for physical custody & would the oldest have any say so in where she would like to live? A child shouldn't break down in tears each time she sees her moms car when its time to go back home


Asked on 6/02/09, 12:08 pm

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

Re: Custody

The father of the children could file for physical custody in the locality where the children currently reside. If the oldest child is at least in the age range of 11-13, the court hearing the matter would probably give some weight to this particular child's preferences as to which parent she wants to live with.

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Answered on 6/06/09, 3:22 pm


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