Legal Question in Family Law in Virginia

Re: full custody to father instead of joint

Either parent, including him, can petition the court for full/sole custody of the child and they have to prove to the court that it is in the child's best interest that they receive full custody. Neglect, drug and alcohol use and other things can strenthen his case against you.

You say that you have joint custody. Is that by a court order? If so, he has to also show that there has been a material change in circumstances since the previous court order that warrants a change in custody.

Custody cases are very, very complex and if he has a good case you could lose custody of your children. I stronly recommend that you do at least consult with an attorney to get an idea of his chances of winning. If you can't afford an attorney contact your local county bar association and ask if they provide "pro bono" (which means free legal services) and see if you qualify. It is important that you at least speak with an attorney, even if you can't hire one. If I can help give me a call at either my MD office at 301-652-0663 or VA office at 703-968-3974. Good luck to you.