Legal Question in Family Law in Virginia
emergency legal custody
my husband and I have been separated since last Fall. We have a 5 and 2 yr old. I have full physical custody, we have joint legal custody. He has been on a 3 day drinking binge, driving under the influence, sending me belligerent text messages and email messages. What are my chances if I file a petition for emergency custody?
1 Answer from Attorneys
Re: emergency legal custody
Since apparently you already have full physical custody, you would be filing to assume full legal custody, and would need to demonstrate a material change in the circumstances of the case
since the court's last order in the matter which would justify the court changing such order and now awarding you full legal custody.
And, unless, the recent conduct which you've attributed to your husband was found to have somehow been directly adverse to the best interests of the subject children, you may not have sufficient evidence to prevail(in my opinion).
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