Legal Question in Family Law in Virginia

My ex-husband has petitioned the circut court to take full custody of 3 teens after they have been with me (court ordered) since 2003 or 2004. What va-code can be sited to support no change in circumstance.

His arguement is: 1. the children are performing poorly in school 2. the children are not taken to their sporting events 3. two of the children have expressed desire to live with him.


Asked on 11/23/09, 8:44 am

1 Answer from Attorneys

sheryl shane sheryl shane, attorney at law

I would suggest hiring an attorney on this case. IIf he goes to court to modify and you do not have an attorney - there is good chance the judge will rule against you if you do not know what you are doing.

Look to the divorce VA codes. Change of circumstances are better defined by case law. Not just the statute. The factors you stated that he plans on relying may get him a modification.

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Answered on 11/28/09, 8:57 am


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