Legal Question in Family Law in Virginia
joint legal custody with father having physical custody
I went to court this summer and we both have joint legal custody of our 3 girls and he has physical custody of our 13 year old becuase she wanted to stay for the summerto see how things would go and she has told her father countless times she wants to come back home so she can go to her school where she has been going.....He wont let her now that she is over there.....
Question with custody being like said can she come back home to live with me and can I force it with the way our custody is set up.....please help she wants to come home and hates being there.
thanks Lisa
2 Answers from Attorneys
Re: joint legal custody with father having physical custody
well it all depends on the court order. whatever it says you can enforce. it would be unusual if your court order gave your daughter the option of changing custody herself. if the court order gave him primary custody and you want to change it you have to go through the process of having another court hearing to decide if that is in your child's best interest. contested custody cases arent fun. If you want a change you must prove there has been a material change of circumstances and if there are then a change of custody is in your child's best interest.
good luck.
Re: joint legal custody with father having physical custody
If the father has had physical custody of the 13 year old child awarded by the court to him, he then is entitled to keep the child with him until there's a change in this court order.
You as the child's mother will have to petition the court to have physical custody of this child awarded to you if you want to force a change in this situation.
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