Legal Question in Family Law in Virginia

My husband and I were recently incarcerated for a short period of time. My husband is still incarcerated, but I now out. During my incarceration my in-laws filed a petition for custody of my son. Now that I am out, I am staying out of trouble and starting to build a good life for my son and me, though my in-laws no longer feel I am fit to have custody of my son and are still going ahead with the petition. They are now trying to throw untruthful alligations about me, that are nither true nor kind. Only going on the word of my husband who is very upset because I want a seperation from him. He has done this in the past, made up lies to get what he wants, he had commited adultry numerous times, and had physically and emotionaly abused me. So his word is not very creditable. What happens at a petition hearing? What will my in-laws have to prove in order to get custody away from me? It is my step-mother-in-law who is the one filing the petition. She has no blood relations to my son. How will that effect the case?


Asked on 1/18/10, 11:13 am

1 Answer from Attorneys
sheryl shane sheryl shane, attorney at law

Third parties may file petitions for custody but have to demonstrate by clear and convincing evidence that it is in the best interest of child to remove from parent. Hire an attorney.

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Answered on 1/23/10, 3:36 pm


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