Legal Question in Family Law in Virginia

Re: I want to make sure I can keep custody of my daughter

Having a personality disorder will be a challenge to a court on custody. If you are stable through medical means and can show consistency and reliability, you can win a custody case. Your husband's abusive treatment towards you will not be the main focus of a custody case although I use it as indicitive of his treatment of women in general, including potentially your daughter. Mothers are generally preferred physical custodians especially of daughters.

Your non physical infidelity does not sound all that bad. It shows, more than anything, an unhappy marriage that is not being attended to. Did you do your best to get him to reform? If yes, then I wouldn't worry. It likewise should not be a factor in a custody case unless in some way you neglected your child in furtherance of this infidelity.

Your husband's mental institution will also have to be dealt with in custody consideration. His navy enlistment might be important to the issue of his availability to parent this child.

Planing for a divorce is complicated but can be achieved in secret until ready. For that you need the services of a good lawyer. Borrow the fee and protect yourself.

Good luck.

Re: I want to make sure I can keep custody of my daughter

In a custody dispute the court is obligated to determine what is in the best interest of the child. Such determination involves applying several factors one of which is the mental and physical health of the parties.

While there is negative evidence regarding your mental health there is also negative evidene pointing at your ex-husband. It is important to remember that not one single factor will dictate the result. Also, it is critical in any custody case to provide evidence (testimony of family, friends, teachers e.g.) as to why you obtaining custody would be in the best interest of the child.

Do not merely bash the other side, but rather establish your relationship with your child.

Lastly, do not get discouraged because your husband is threatening you with a loss of custody. This is very common, and, regardless of what he may say, the only deciding factor for tne court is whether the best interest of your child is to be with you. In light of the emotional and critical decisions that are made in a custody case I would strongly advise you to obtain counsel.