Legal Question in Family Law in Virginia
Would This Be A Moot Point?
My ex and her current boyfriend moved in together and have a child. She is the primary residence of our children and I know that according to code they should not be sharing a room together in the presence of the children. I am to receive visitation. My current girlfriend and I have a child together as well. It has already been put in the current order that I am allowed overnight visitation as long as my girlfriend sleeps in one room and I sleep in the room with the children. (They are 6 and 4) This order was written in 2006. My question is will my ex and her boyfriend living together have any leeway in helping me obtain custody or is it a moot point since I am essentially doing the same thing although my girlfriend is included in the order and boyfriend is not. My girlfriend and I follow the order however and do not share a room in the presence of the children. I know this may come up if I ask for custody and if I were to receive custody we would remain in separate rooms until we were married for the ''safety'' of the children.
1 Answer from Attorneys
Re: Would This Be A Moot Point?
If it only applies to you, what you can do is get the order modified to make it apply to her as well if it does not. It is unlikly that that alone will change custody.
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