Legal Question in Family Law in Virginia

Getting Joint Custody Back

Recently my ex was awarded sole legal and physical custody. She already had physical and we had joint legal. She lied saying that I did not try to contact my children. I had phone records showing she would never answer my calls and emails stating that she would not allow me to see my kids. Long story short is the judge awarded her sole custody based upon me moving out of state and not having contact with them for several months. A GAL was appointed to the case to set up a visitation schedule. How hard would it be to get joint legal custody back. The judge made it seem that they only way I would be able to do this is if I moved back to VA which I think is unfair. I believe I should have a say in my children's well being. We go to court next week for the GAL's recommendation of visitation and I am unsure if they will suggest anything about custody. Once visitation has been established again and I actually see my children do you think I would able to get joint legal back. I know that I will have to prove it is in the best interest of the children but am not sure how hard it will be. She was the one keeping them from me and I of course made the mistake of not filing contempt and her putting in for sole.


Asked on 9/20/08, 7:55 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Getting Joint Custody Back

No, it's unlikely that the G.A.L.'s report to the court will make any reference to the custody issue since s/he apparently was appointed to address only the issue of a visitation schedule.

And, no, unless there is a material change in the circumstances of the custody arrangement that was established by the court's most recent order, you

are unlikely to regain joint custody status with respect to you children any time soon.

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Answered on 9/21/08, 5:30 pm


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