Legal Question in Family Law in Virginia

Joint Custody

My fiance has joint custody of her two daughters with her ex husband. They agreed to have him named the primary custodian and the legal papers have been filed with the state of Virginia. Since the papers have been filed with the court, he has moved from state to state twice in the last eight months. He is about to move again. He refuses to give his ex wife his true address. Right now my fiance is forced to send child support to his aunts house. The reason that he runs is because he continues to get into legal trouble. He treats their situation as if he has full custody. He only allows her to see her kids when she pays him extra money. The children have no contact with her family at all. Although he has a long line of legal trouble she has a clean record. She fears that if he moves to Minnesota with his ex fellon brother that she will never see her kids again. She feels as if the state of Virginia will not help her at all. Is this true? Or is there something she can do to have the court analyze her situation? Is being the primary custodian the same as having full custody? Would the court do anything about his lying to them about his real address?


Asked on 12/05/08, 3:26 pm

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

Re: Joint Custody

Your sister should petition the court in the jurisdiction where the children have resided for the last six months to be granted full custody rights.

If there is no such state where the children have last been resident in continuously for the past six months, then your sister should petition the Virginia court which would appear to still have jurisdiction over this matter to modify the current custody order so that she has full custodial rights with respect to these children.

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Answered on 12/05/08, 3:40 pm


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