Legal Question in Family Law in Virginia
modify custody
After being divorced for 8 years my ex is asking for modification of custody. She has physical custody and I have 50% visitation of our 13 year old. She has filed a motion to modify custody and take away my two week days (which are over night) and leave me with only every other weekend. The current schedule has been in place for 8 years with our son having no negative effects. His grades are good and he is not a troubled child. The reason for her requesting this is that she has no rules and allows him to do what he wants. However, I have rules and make him responsible for certain chores around the house. As a teenager he doesn�t like this. He says that my house is boring.
Are the VA courts likely to change the visitation?
1 Answer from Attorneys
Re: modify custody
Of course, it's a factual issue, with the judge required to determine what's in the best interest of your son. As a 13 year old, your son's preference may be given some weight, but it still boils down to what's in his best interest, not what's on his wish list.