Legal Question in Family Law in Virginia

daughter wants to live with me she is 14

I am Greg and her Father. Her name is Rachel. The facts that exist are A. She lives with her mother costody has never been established.Her mother and I where never married. She spends at least 4 days a week at her mothers parents house presently. Rachel just wants to know if her opinion can count in this decision. her mother and stepfather have prommised her a big room , a tv in her room, a computer hooked up to the internet and a few other things to get her to go along without a fight. I have prommised her nothing and wont try to buy her. She knows where she stands here and that would only help her stability. she would not loose the friends or the family network. Rachel does want to live with my family and I, if her mother moves what are the chances of her wanting to come live with us.

Thanks for your input;

Greg


Asked on 1/21/02, 1:23 pm

1 Answer from Attorneys
Liza Dyer Frank Haskell, III

Re: daughter wants to live with me she is 14

Its not clear from your question how long your daughter has been living with her mother, or if she ever lived with you (or if you and her mom ever cohabitated). However, you have every right to petition the Court for physical custody, and she is old enough to put her two cents in with a Judge. Her feelings will be considered. Be aware, however, that if her mother wants to fight you over custody, the Courts are usually hesitant about moving a child from the only home they've known to another parent without a substantial change in the living situation. The standard is always, "the best interest of the child." Depending on the facts of your situation, you might even get custody. Also be advised that if her mom wants a battle, it can get expensive. If you find you need some help, please feel free to call my office at 301-972-2023.

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Answered on 1/21/02, 7:52 pm


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