Legal Question in Family Law in Virginia

Re: Guardianship of my mentally disabled child

Correction to previous answer: The legal term/remedy that would be applicable to your mentally disabled daughter after age 18 would be guardianship rather than custody, but unless one of the parents(or possibly some third party) has initiated such a petition for the guardianship of your daughter(and been awarded such by the court), your daughter is basically free(as previously indicated) to choose the parent she wishes to live with.

Re: Guardianship of my mentally disabled child

Unless there is a valid order that formally gives continuing custody to your daughter's mother, you as well as she as the natural parents have equal rights with respect to the custody of your daughter. However, even though your daughter may have mental infirmities, if she can express her "druthers", so to speak, as to whom she would like to reside with, her preferences should be accommodated and she should be allowed to live with the parent whom she chooses.