Legal Question in Family Law in Virginia
Military move
My ex &I share joint custody -she has primary and I secondary - our girl lives w/her & I have visitation on the wkends, or whenever she works. We both are in the military - she's on sea duty, and I'm on shore. She's planning on leaving VA 4 FL n 9mo. I'm remarried with a more stable home, baby on the way & a stay at home wife. I don't want my child to leave -I feel that her mom is not responsible enough and my child is with me the majority of the time anyway,--name removed--c she's always working and always wanting to go out club-hopping. Can I get custody reversed to me having primary and her secondary? I'm sure she will fight me on this--name removed--c she doesn't want to give up child suppt, but my child needs to be more stable. I'm in the military also, but I know that I can provide a more stable enviroment for her. I've tried reasoning with my ex, but all she wants to give is attitude. I don't want my child to be taken away - what can I do? Will I also be frowned upon by the court because I'm in the military too? My ex orginally told me that she was separating from the military and moving back home to GA - come to find out she actually accepted orders and is going to training in FL for 1yr - I can't trust.
1 Answer from Attorneys
Re: Military move
Your option is to file for sole physical and either full or shared legal custody. (Winning on the former would likely prove quite difficult.)